Mrs J Sawyer v Direct Approach Marketing Ltd: 3300264/2022
JUDGMENT
[1]The claimant’s claim of unfair dismissal is well founded. The claimant was unfairly dismissed.[2]The claimant does not have a disability within the meaning of section 10 of the Equality Act 2010. As such the disability discrimination claims are not well founded and are dismissed.[3]The claimant is awarded the sum of £5220.42 as a remedy for unfair dismissal. The respondent is to pay the claimant the sum of £5220.42 forthwith. Calculation of award Gross Weekly pay £80.19 Dates of employment: 20.4.2009 – 22.9.2021 (12 years) Age at time of dismissal:62 years (DOB: 23.03.1959) Basic Award: 1.5 x 12 x £80.19 = £1443.42 Case Number: 3300264/2022 Compensatory Award: 23.9.21-13.5.22 33 weeks x 80.19 =£2646.27 Loss of statutory rights: = £ 450.00 Failure to provide fully complaint particulars of employment 2 x £80.19 = £160.38 = £4700.07 Application of ACAS uplift of 20% for breaches of the ACAS Code of Practice £4700.07 x 20% = £940.01 £4700.07 + £940.01 = £5640.08 Reduction of 10% for contributory fault (compensatory award only) £4196.66 x 10% = £419.66 £5640.08 - £419.66 = £5220.42