Mr D Seward v Auto Enterprises Ltd: 3200609/2019
JUDGMENT
[1]The Claimant’s claim for unfair constructive dismissal brought under Part X of the Employment Rights Act 1996 is well founded and the Tribunal finds that he was unfairly dismissed.[2]The Claimant’s claim for breach of contract is well founded and the Tribunal finds that the Respondent breached the Claimant’s contract as claimed.[1]The Claimant’s claim for unfair constructive dismissal brought under Part X of the Employment Rights Act 1996 is well founded and the Tribunal finds that he was unfairly dismissed.[2]The Claimant’s claim for breach of contract is well founded and the Tribunal finds that the Respondent breached the Claimant’s contract as claimed. REMEDIES[3]In accordance with the attached schedule, The Tribunal makes the following award: 3.1. Basic award £3,48.00 3.2. Wrongful Dismissal £2,028.90 3.3. Compensatory award £9,401.93 3.4. Total sum awarded £14,478.83 Employment Judge Peter Wilkinson Date: 17th November 2021 Prepared by Wilkinson, Peter of MoJ IN THE EMPLOYMENT TRIBUNALS CASE NO: 3200609/2019 BETWEEN Danny Seward AND Autoenterprises Ltd CLAIMANT'S SCHEDULE OF LOSS[1]Details Date of birth of claimant 21/07/1989 Date started employment 09/01/2012 Effective Date of Termination 29/10/2018 Period of continuous service (years) 6 Age at Effective Date of Termination 29 Date new equivalent job started or expected to start 01/11/2019 Remedy hearing date 17/11/2021 Date by which employer should no longer be liable 01/11/2019 Contractual notice period (weeks) 6 Statutory notice period (weeks) 6 Net weekly pay at EDT 582.00 Gross weekly pay at EDT 764.00 Gross annual pay at EDT 39,756.00[2]Basic award Basic award 3,048.00 Number of qualifying weeks (6) x Gross weekly pay (508.00) Less redundancy pay already awarded 0.00 Total basic award 3,048.00[3]Damages for wrongful dismissal Loss of earnings 3,492.00 Damages period (6) x Net weekly pay (582.00) Less sums obtained, or should have been obtained, -1,463.10 through mitigation Earnings 1,463.10 varous (14/11/2018 to 10/12/2018) 1,463.10 Total damages 2,028.90[4]Compensatory award (immediate loss) Loss of net earnings 27,121.20 Number of weeks (46.6) x Net weekly pay (582.00) Plus loss of statutory rights 350.00 Less payment in lieu 0.00 Plus loss of pension 275.69 Pension loss 275.69 Additional pension loss 275.69 Less sums obtained, or should have been obtained, -18,344.96 through mitigation Earnings 18,344.96 varous (11/12/2018 to 01/11/2019) 18,344.96 Total compensation (immediate loss) 9,401.93[5]Adjustments to total compensatory award Plus failure by employer to follow statutory procedures 0.00 @ 0% Compensatory award before adjustments 9,401.93 Total adjustments to the compensatory award 0.00 Compensatory award after adjustments 9,401.93[6]Summary totals Basic award 3,048.00 Wrongful dismissal 2,028.90 Compensation award including statutory rights 9,401.93 Total 14,478.83 AFTER COMPENSATION CAP OF ¬£39,756.00 14,478.83 (GROSS ANNUAL PAY)