Andrew Hibben v URBN UK Ltd: 3201807/2020
JUDGMENT
[1]The Respondent is ordered to pay the Claimant the sum of £62,839.10.[2]The claim for disability discrimination is dismissed on withdrawal by the Claimant.REASONS
[1]The Claimant brought his claim on 10 July 2020. The Respondent has not entered an appearance to the claim. I enter judgment for the Claimant under Rule 211. There is material available so to do. The Claim form sets out a coherent 1 Effect of non-presentation or rejection of response, or case not contested 21.(1) Where on the expiry of the time limit in rule 16 no response has been presented, or any response received has been rejected and no application for a reconsideration is outstanding, or where the respondent has stated that no part of the claim is contested, paragraphs (2) and (3) shall apply.(2) An Employment Judge shall decide whether on the available material (which may include further information which the parties are required by a Judge to provide), a determination can properly be made of the claim, or part of it. To the extent that a determination can be made, the Judge shall issue a judgment accordingly. Otherwise, a hearing shall be fixed before a Judge alone.(3) The respondent shall be entitled to notice of any hearings and decisions of the Tribunal but, unless and until an extension of time is granted, shall only be entitled to participate in any hearing to the extent permitted by the Judge. narrative, and the Claimant has provided evidence from which loss can be calculated.[2]The claim is listed as a disability discrimination claim, but the Claimant explains that the box was ticked in error, and could not be undone: it was never intended to bring such a claim. As one is listed in the Tribunal records I dismiss that claim on withdrawal by the Claimant.[3]The Claimant has provided a detailed schedule of loss, and a series of documents supporting that schedule of loss. He has provided details and evidence of his (so far unsuccessful) search for employment. I accept that evidence. I decide that in mid November and lockdown by reason of Covid-19 it is unrealistic to expect the Claimant to find employment within a year of his dismissal. His compensatory award is capped at one year’s pay. The dismissal was by reason of redundancy (the Respondent said at the time) and so there can be no Polkey2 or contributory conduct reductions.[4]There is no basic award, because there was a statutory redundancy payment of the equivalent amount3.[5]The detailed calculation is set out in the Schedule below, as if the calculation required for the Recoupment Regulations. The Schedule was prepared using the employmentlawclaims toolkit, with the data input from the Claimant’s schedule of loss and claim form.