Ms A McRobert v Amisam Ltd: 4100199/2023
JUDGMENT
The respondent having failed to file a response or appear, the claims for unfair constructive dismissal, subjection to a detriment for having made a protected disclosure, harassment related to race and unlawful deductions from wages all succeed. The Tribunal awards compensation as follows. Unfair dismissal(1) A basic award of £1,306.68 (calculated as 4 weeks’ gross pay at the rate of £326.67, section 97(4) of the Employment Rights Act 1996 applies). Case No.: 4100199/2023 Page 2(2) A compensatory award of £3,899.80 (calculated as 11 weeks and 4 days of net losses at the rate of £293.81, plus £500 for loss of statutory rights).(3) The Employment Protection (Recoupment of Benefits) Regulations 1996 apply. The monetary award is £5,206.48, the prescribed element is £3,399.80, the prescribed element is attributable to the period from 15 September 2022 until 5 December 2022 and the monetary award exceeds the prescribed element by £1,806.68. Subjection to a detriment because of a protected disclosure(4) Compensation for injury to feelings of £6,500. Harassment related to race(5) Compensation for injury to feelings of £1,039.45, including interest at 8%. Unlawful deductions from wages(6) The sum of £1,279.59 (gross), including the payment due upon termination in respect of untaken entitlement to paid annual leave.