M Gerhard v Beauty Labs International Ltd: 3308102/2023
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The Claimant was unfairly dismissed.[2]The Claimant is entitled to a basic award of £6,566.50.[3]The Claimant is entitled to a compensatory award of £27,900 net1. This is made up of three months of pay from the date of (3 x £9300 net monthly pay).[4]The combined basic and compensatory award figure is £34,466.50 (£6,566.50 + £27,900)[5]As the total award of compensation is more than £30,000 it is necessary to “gross up” the award. The tax-free element is £30,000. Therefore, the figure upon which tax needs to be paid is £4,466.50. The grossed-up compensation of £4,466.50 divided by 0.8 = £5,583.13. 1 The Claimant’s preference was for a gross award, however, this compensatory element of the award must be calculated as a net figure. Case No: 3308102/2023[6]The total award payable to the claimant by the respondent is therefore £35,583.13.[7]Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied.