Mr A Urbonas v Fruehauf Ltd: 2600097/2024
JUDGMENT
[1]The claim for wrongful dismissal is not well founded and is dismissed.[2]The claim for unfair dismissal pursuant to section 94 and 98 ERA is well founded and succeeds.[3]The respondent is ordered to pay the claimant the following amounts: 3.1 : Basic Award of : £9,582.30; and 3.2: A compensatory award : £1,698.70[4]The above sums have been calculated as follows: Calculations:4.1 Net weekly salary when working for the respondent:£453 per week Case No: 2600097/2024 Page 2 of 34.2 Basic award of £10,6474.3 Loss of statutory rights : £5004.4 Awarded 5 weeks loss of earnings from date of dismissal: £453 x 54.5 Further 4 weeks losses awarded on basis of the difference between £453 and claimant’s pay in his new job using an average from the 4 payslips available (which provides for a weekly figure of £401 net). £52 net difference in pay x 4 weeks = £2084.6 Plus employers pension contribution using average from payslips [pages 93 and 95] of £19 per week x 9 weeks =£1724.7 Subtotal compensatory award of (£2,265 +£208+ £172 = =£2,645.74)4.8 Order of adjustments 4.7.1.Polkey(compensatory only): £2,645.74 plus £500(loss of statutory rights)= £3145.74 divided by 50% =£1572.87 4.7.2 ACAS uplift (20%) to compensatory award = £314.57 4.7.3 Contributory fault (10% basic and compensatory):4.7.3.1 Basic:£10,647 less 10% compensatory = discount to be applied of £1,064.704.7.3.2 Compensatory less 10% = £1572.87 plus £314.57 (ACAS uplift)=£1887.44 less 10% which is discount of £188.74 The recoupment provisions do not apply.