Mr L Callaghan v The Upper Scale Ltd: 3201265/2020
JUDGMENT
This was a remote hearing, which was not objected to by the parties. The form of remote hearing was V (CVP). A face-to-face hearing was not held, because it was not practicable, and all issues could be determined in a remote hearing. The judgment of the Tribunal is that: -[1]the Claimant was unfairly dismissed;[2]the effective date of termination was 4 May 2020;[3]the Claimant’s net weekly pay at the time was £454.15;[4]the Claimant is entitled to a basic award of £2,421, calculated by reference to the statutory maximum for a week’s gross pay (3 x 1.5 x £538);[5]the Claimant is entitled to a compensatory award £4791.50, which comprises:a. ten weeks’ loss of earnings between 4 May 2020 and 13 July 2020 (£4541.50), andb. an award for loss of statutory rights (£250);[6]the Tribunal awards an uplift of 10% to the compensatory award, in the amount of £479.15, to reflect the Respondent’s unreasonable failure to comply with the ACAS Code, by failing to deal with the Claimant’s grievance;[7]the award for loss of earnings is subject to recoupment: the parties’ attention is directed to the provisions for payment of this award, as set out in the Annex to this judgment.