S P Hooper v Gestamp Tallent Ltd: 6014865/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim was issued in the Newcastle Employment Tribunals on 12 October 2024. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[1]The claim of unfair dismissal succeeds and is upheld. NOTES[2]This judgment deals with liability only, the remedy to which the claimant is entitled will be determined at a remedy hearing. A notice of hearing will be sent separately. The respondent will only be entitled to take part in this hearing to the extent permitted by the Employment Judge who hears the case. Employment Judge Sweeney Date: 18 December 2024 Case Number: 6014865/2024 EMPLOYMENT TRIBUNALS Claimant: Mr. P Hooper Respondent : Gestamp Tallent Ltd Heard at: Newcastle CFCTC by CVP On: 25th of February 2025 Before: Employment Judge Gowland Representation Claimant: In person Respondent : Miss Vittorio HR and legal advisor[1]Mr. Hooper’s claim of unfair dismissal is well founded and succeeds;[2]Mr. Hooper is awarded the following sums: a) Total award £15126.66, calculated as set out below. b) Compensatory award (unfair dismissal) £18346.70 loss of earnings plus £350 loss of statutory rights and £124.13 loss of pension. c) The following adjustments to the total Compensatory award were made in this order; 20% deduction for failure to mitigate. The total adjusted compensatory award is £15126.66[3]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply. However, the Claimant confirmed that he had not claimed any benefits whilst between jobs. a) The monetary award for unfair dismissal is £14776.66. b) The prescribed element from the date of dismissal to the date of the remedy hearing is, £10786.31. c) The applicable dates for the prescribed element are 4th of June 2024 to 25th of February 2025. d) The difference between the total monetary award and the prescribed element is £3990.35.