Ms L Litzelmann v Rightsline Software UK Ltd and Real Software Systems LLC: 6006180/2024
JUDGMENT
[1]The claimant was unfairly dismissed by the 1st respondent.[2]The 1st respondent failed to provide true written reasons for dismissal contrary to s92 of the Employment Rights Act 1996.[3]The 2nd respondent failed in its duty to inform and consult under the TUPE regulations. The 1st and 2nd respondents are jointly and severally liable for this. For this, I award £8,076.90.[4]The claim for breach of contract is not upheld.[5]The 1st respondent is further ordered to pay £69,732.50 for unfair dismissal and failure to provide written reasons for dismissal. This is calculated as follows: Failure to provide written reasons: £1,400 (2 x £700) Unfair dismissal compensatory award: £62,900 (£62,400 past and future loss of earnings + £500 loss of statutory rights) Grossing up the taxable awards arising from dismissal: - 1 - Case Number: 6006180/2024 £64,300 (£62,900 + £1,400) less £30,000 tax free allowance = £34,300 Of which, £12,570 personal allowance. Balance of £21,730 (£34,300 - £12,570) taxed at 20%. To gross up, divide by 0.8 = £27,162,50. Add back £12,570 + £30,000 = £69,732.50. The recoupment regulations do not apply.