G B Fennell v AW Design & Development Ltd: 3308969/2023
JUDGMENT
[1]The claim was presented within the applicable time limit.[2]The claimant’s complaint for constructive unfair dismissal is well founded and succeeds.[3]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 4 February 2023 to 9 May 2023.[4]The claimant is entitled to the following remedies, which the respondent is ordered to pay: a) Unauthorised deductions from wages - £15,226.03. i. (period 4 February 2023 to 9 May 2023, 95 days, gross sum) b) Basic award - £3,858. i. (£643 cap x 6 weeks) c) Compensatory award – £58,500 i. (Loss of statutory rights - £500) ii. (Past losses - £33,006.26; which is loss of basic net salary to date of remedy hearing of £57,038.16 (69 weeks x £826.64), less mitigation of £24,031.90). 1 of 2 Case Number: 3308969/2023 iii. (Future loss of earnings - £31,936.65; which is calculated as basic net salary to 31 December 2024 £57,038.16 (69 weeks x £826.64), less mitigation of £25,101.51). iv. (Subject to cap of 52 weeks gross pay, thus capped at £58,500).[5]The Recoupment of Benefit Regulations 1996 does not apply.