Mr N Forgan v Local Planet Solutions Ltd (T/a Why Settle Technology): 8000971/2025
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 The judgment of the Employment Tribunal is that the claimant was unfairly dismissed and the respondent is ordered to pay the claimant the sum of £23163.62 (TWENTY THREE THOUSAND, ONE HUNDRED AND SIXTY THREE POUNDS, SIXTY TWO PENCE).REASONS
[1]A copy of the claim form setting out the claimant`s complaints was sent to the respondent on 25 April 2025.[2]In accordance with the terms of rule 17 of the Employment Tribunal Procedure Rules 2024, the respondent was required to enter a response within twenty eight days of the date on which a copy of the claim was sent to it but failed to do so.[3]The Employment Judge decided that on the available material a determination could properly be made without a hearing as to the liability of the respondent for the claim. In particular, in the absence of any response from the respondent, there was no basis on which the Tribunal could conclude that there was a potentially fair reason for dismissal.[4]On the basis of the available material the Employment Judge decided he could properly determine remedy as follows.[5]In respect of unfair dismissal, the Tribunal starts with the basic award. Based on the claimant’s age and length of service he is entitled to a basic award of 7.5 weeks’ pay at £538 = £4035.[6]In respect of the loss of past wages, the claimant seeks an award from the date of dismissal (7 January 2025) to present date of 9 June 2025. This amounts to 22 weeks. The total loss of past wages amounts to 22 x £454 = £9988.[7]The claimant seeks future loss of 26 weeks. Evidence provided by the claimant shows his efforts to secure new employment and the Tribunal is satisfied that he has made every effort to mitigate his loss. The Tribunal considers that 26 weeks is an appropriate period for future loss. The total amounts to £11804.[8]The claimant has sought £500 in respect of loss of statutory rights. The Tribunal considers that this sum is appropriate given his length of service, the statutory rights he would have acquired and how long it would take him to acquire similar rights in a new job.[9]The claimant also seeks a sum for pension loss based on the loss of the employer pension contributions for the period of past and future loss amounting to £602.40.[10]The gross amount of the compensatory award is, therefore, £22894.40.[11]The claimant received a payment of termination amounting to £3769.23 and this must be deducted from the compensatory loss to give a net figure of £19125.17. This is less than the statutory cap and so no further reduction is made.[12]In these circumstances, the Tribunal makes a total award for unfair dismissal of £23163.62 (TWENTY THREE THOUSAND, ONE HUNDRED AND SIXTY THREE POUNDS, SIXTY TWO PENCE). 13 June 2025