Mrs K Swanepoel v Personal Track Safety Ltd (In Voluntary Liquidation): 3312144/2020

EMPLOYMENT TRIBUNALS
Case No 3312144/2020
Mrs K SwanepoelClaimantPersonal Track Safety Ltd (In Voluntary Liquidation)Respondent
Employment Judge K WelchMs M Wisniewska (instructed by Representative) for claimantNot represented for respondentDate 22 March 2022

JUDGMENT

[1]The Claimant’s claims of direct race discrimination and direct age discrimination under section 13 Equality Act 2010 are well founded and succeed.[2]Any claim for failure to collectively consult in respect of the claimant’s redundancy is dismissed.[3]The Respondent is ordered to pay the Claimant the total sum of £13,977.22 calculated as set out below:a. Injury to feelings award in the sum of £8,000;b. Loss of earnings in the total sum of £5,063.38 made up as follows: i. Loss of earnings from 1 to 14 September 2020 (2 weeks) at £456.92 being £913.84; ii. Loss of earnings from 14 Sept 2020 to 3 April 2021 (29 weeks) at £43.85 being £1,271.54; iii. Loss of earnings from 4 April 2021 to 21 March 2022 (50 weeks) at £36.46 being £1,823.00; iv. Future loss of earnings from 21 March 2022 until 1 April 2023 (54 weeks) at £36.46 being £1,968.84 Case number: 3312144/2020c. The recoupment provisions apply: i. Prescribed period: 1 to 14 Sept 2020 ii. Total award: £13,977.22 iii. Prescribed element: £913.84 (to be retained pending recoupment notice with any balance to be paid to the Claimant) iv. Balance: £13,063.38 (to be paid immediately)