Mr O Emuemukoro v Herongrange Recruitment & Training Solutions Ltd: 3200721/2023
JUDGMENT
[1]The claimant’s claim for unfair dismissal succeeds. The claimant’s claim for notice pay succeeds.[3]The claimant’s claim for unpaid accrued untaken annual leave succeeds. Remedy:[1]The respondent shall reinstate the claimant to his original role.[2]The respondent shall pay to the claimant the following:a. A basic award of £884.00.b. Compensation for loss from dismissal to today,5 September 2023, of £9,618.76.c. A 25% uplift on the above sum of £2,404.69.d. Compensation for ongoing loss from 6 September 2023 until reinstatement or any further determination of £42.84 per day.e. A 25% uplift on the above sum of £10.71 per day. 1 of 2 Case Number: 3200721/2023f. Notice pay in the sum of £712.76.g. Accrued untaken holiday pay in the sum of £1,526.28.REASONS
There is no reasonable prospect of the original decision being varied or revoked, because, first, the claimant has not provided any information as to how he has calculated the daily rate which he says is applicable and, second, in any event the daily rate referred to in the judgment takes account of the fact that the claimant was mitigating his losses to some degree.