C Smith v EquipTheCreative Ltd (in voluntary liquidation): 6020563/2025
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]There is a 100% chance that the claimant would have been fairly dismissed in any event after one month.[3]The respondent shall pay the claimant the following sums:(a) A basic award of £617.76, calculated on the basis of 3 weeks’ pay (1.5 weeks for each year worked) at a weekly rate of £205.92 per week (£11.44 per hour at 18 hours per week).(b) A compensatory award of £892.32, calculated on the basis of one month’s pay at a weekly rate of £205.92 per week (£205.92 x 52 weeks divided by 12 months). Note that these are the actual sums payable to the claimant after any deductions or uplifts have been applied.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. The total monetary award (i.e. the compensatory award plus basic award) payable to the claimant for unfair dismissal is £1510.08.b. The prescribed element is £892.32.c. The period of the prescribed element is from 1 April 2025 to 28 April 2026.d. The difference between (a) and (b) is £617.76. Notice Pay[5]The complaint of breach of contract in relation to notice pay is well-founded.[6]The respondent shall pay the claimant £411.84 as damages for breach of contract, reflecting the statutory notice period of two weeks (one week’s notice for each year of employment, calculated at a weekly rate of £205.92). This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Approved by: