Miss A Breneska v Mediterranean Foods (London) Ltd: 3324206/2019
JUDGMENT
The unanimous judgment of the Employment Tribunal is that: -[1]The claimant made 3 protected disclosures under s43B Employment Rights Act 1996, specifically on 3 July 2018, 28 May 2019 and 28 June 2019 respectively.[2]The claimant was subject to 2 out of 4 claimed detriments on the grounds of her whistleblowing or protected disclosures, in contravention of s43B Employment Rights Act 1996. These detriments were her suspension on 1 July 2019 and being blamed unfairly for a colleague’s mistake on 29 June 2019 and 1 July 2019.[3]The claimant was dismissed in breach of contract and is owed her notice pay.[4]The respondent unfairly dismissed the claimant, in breach of section s94 Employment Rights Act 1996.[5]The respondent also dismissed the claimant because she had made a protected disclosure, in breach of s103A Employment Rights Act 1996.[6]The claimant was not underpaid in respect of her annual leave entitlement Case Numbers: 3324206/2019 pursuant to regulations 13 & 30 Working Time Regulations 1998.[7]The claimant is awarded compensation and damages as follows: £ Injury to feelings for protected disclosure detriments - 8,000.00 Notice pay (gross1) - 3,150.90 Unfair dismissal compensation £ £ Basic award 3,937.50 Compensatory award - Loss of statutory rights 500.00 - Loss of earnings 22,979.41 - Pension losses 742.96 - Cost of retraining 7,652.00 - Expenses in looking for work 250.00 32,124.37 36,061.87 Total 47,212.77 Recoupment of benefits information2 Prescribed element £22,979.41 Prescribed period 30 August 2019 to 10 May 2022 Total award £47,212.77 Balance £24,233.36