A Barber v Premier Motorhomes and Leisure Ltd (In Creditor’s Voluntary Liquidation): 6009104/2025
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The Claimant was unfairly dismissed.[2]The Respondent is ordered to pay to the Claimant the sum of £44,850.00. The award is constituted as follows: Basic Award 1.5 x £700 x 7 = £7,350.00 Compensatory Award Past Losses Loss of Statutory Rights £500.00 67 weeks (covering the period 18 £40,815.06 November 2024 to 5 March 2026) at net pay weekly of £609.18 67 weeks (covering the period 18 £1,742.00 November 2024 to 5 March 2026) loss of employer pension contributions at £26/week Less Earnings 10 September 2024 to 5 (£5,769.25) March 2026) (£12,000/pa gross = £230.77/wk net) 25 weeks at £230.77 Total Past Losses £37,287.81 Future Loss The Claimant has indicated that he is looking for alternative employment which will provide remuneration equivalent to that which he enjoyed when working for the Respondent. He anticipated being able to secure such position within the next few months and therefore I will limit the Claimant’s future losses to a period of 12 weeks. Loss of future earnings = 12 x £609.18 £7,310.16 Loss of future employer pension £312 contributions = 12 x £26 Less earnings over 12 week period (£2,769.24) 12 x £230.77 Total Future Loss £4,852.92 Total Compensatory Award (net) = £42,140.73 £37,287.81 + £4,852.92 Total Compensatory Award (gross) First £30,000 of total Compensatory £30,000.00 Award is tax free Basic rate 20% payable on balance of award £12,140.73 (= 12,140.73/0.8) £15,175.91 £45,175.91 Application of Statutory cap of 52 weeks pay £37,500 Total Compensatory award £37,500.00 Total Award £7,350.00 + £37,500.00 £44,850.00 Recoupment The Employment Protection (Recoupment of Benefits) Regulations 1996 apply: The total monetary award (i.e. the compensatory award plus basic award) payable to the Claimant for unfair dismissal is £52,525.91 The prescribed element is £41,640.73. The period of the prescribed element is from 18 November 2024 to 5 March 2026. The difference between total monetary award and the prescribed element and is £10,885.18. Approved by