Ms K Rutherford v B Khan: 2500788/2023
JUDGMENT
ON LIABILITY Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim of ordinary unfair dismissal (section 98(4) ERA 1996) is well founded and succeeds.[2]The claim of wrongful dismissal is well founded and succeeds.[3]At the time proceedings were begun the Respondent was in breach of his obligation to give a statement of initial particulars and statement of change under section 1 and 4 ERA 1996.[4]The question of remedy and liability in respect of complaints of detriment (section 48 ERA 1996) and automatically unfair dismissal (section 103A) shall be determined at a Final Hearing on 20 September 2023.[1]The Claimant did not make any qualifying disclosure within the meaning of section 43B Employment Rights Act 1996. The complaints under section 48 of that Act that the Claimant was subjected to detriment in contravention of section 47B of the Act is not well founded and is dismissed.[2]The complaint that the reason or principal reason for constructively dismissing the Claimant was that she made a protected disclosure is not well founded and is dismissed.[3]Following promulgation on 07 July 2023 of the judgment on liability in respect of the complaint of ordinary unfair constructive dismissal, the Respondent is ordered to pay the Claimant the following compensation: 3.1. A Basic Award of £11,991 3.2. A Compensatory Award of £14,383.46 which is to be uplifted by the percentage and amount stipulated in paragraph 3.2 below. 3.3. An amount of £1,438.34 in respect of an uplift of 10% of the amount in paragraph 3.2 above, pursuant to section 207A trade Union and Labor Relations (Consolidation) Act 1992. 3.4. An award of £1,444.62 (being two weeks’ pay) under section 38 Employment Act 2002.[4]The total award payable to the Claimant is £29,257.42.[5]No damages are sought in respect of the complaint of wrongful dismissal.[6]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 (‘the Regulations’) do not apply to any part of the compensatory award.