Ms S Rajanathan V IK14 Restaurants Ltd (In Voluntary Liquidation): 3312695/2023
JUDGMENT
[1]It is the judgment of this Tribunal that pursuant to the Respondent’s response having been struck out the Claimant’s claims for automatic unfair dismissal under section 103A of the Employment Rights Act 1996 and for detriments arising from a protected disclosure under section 47B of the Employment Rights Act 1996, both succeed.[2]In this respect the Claimant is awarded the following sums. Automatic unfair dismissal under section 103A. Basic award Gross weekly pay £576.59 multiplied by 1 week = £576.59 Compensatory award Loss of statutory rights £500.00 Loss of earnings from 03.08.2023 to 28.10.2025 Salary net £451.50 per week multiplied by 116 weeks = £52,375.16. Loss of pension £18.03 multiplied by 116 weeks = £2,643.70 Case Number: 3312695/2023 Total compensatory award £55,518.86. 25% mark up for failure to follow ACAS Code of Conduct on compensatory award = £13,879.66 Total compensatory award including mark up = £69,398.32. Total unfair dismissal award = £69,974.91 Recoupment applies in these proceedings. Therefore, for the purposes of recoupment, the following: Total monetary award £69,974.91 The amount of the prescribed element is £52,375.16 The period to which the prescribed element relates is 3 August 2023 to 28 October 2025. The amount by which the total monetary award exceeds the prescribed element is £17,599.75. Injury to feelings award pursuant to 47B claim. The Claimant is awarded the sum of £5,000.00 injury to feelings. Total payable by the Respondent to the Claimant in this Tribunal claim is £74,974.91. Approved by: