Miss M Moffat v Heavy Sound CIC: 8003131/2025
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 The judgment of the Employment Tribunal is that the claimant`s complaint of unfair dismissal succeeds and that the respondent shall pay the claimant a basic award of £1,003.89 (3 weeks x £334.63) and a compensatory award of £4,876.99. The Employment Protection (Recoupment of Benefits) Regulations 1996 apply. In accordance with those Regulations:(a) the total monetary award made to the claimant is £4,876.99;(b) the amount of the prescribed element is £3,148.55(c) the dates of the period to which the prescribed element is attributable are 10 September 2025 to 20 February 2026;(d) the amount by which the monetary award exceeds the prescribed element is £1,728.44.REASONS
[1]A copy of the claim form setting out the claimant`s complaint was sent to the respondent on 30 December 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.[4]On the basis of the available material the Employment Judge decided she could properly determine remedy as follows:- (a) In respect of the claimant`s complaint of unfair dismissal the respondent shall pay to the claimant a basic award of £1,003.89 (3 weeks x £334.63) and a compensatory award of £4,876.99 (calculated as past loss of wages of £3,148.55 (2.5 months x £1,259.42 net monthly), future loss of £1,228.44 (the difference in the monthly wage of £102.37 x 12 months), and a loss of statutory rights of £500.00.[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply. In accordance with those Regulations:(a) the total monetary award made to the claimant is £4,876.99;(b) the amount of the prescribed element is £3,148.55(c) the dates of the period to which the prescribed element is attributable are 10 September 2025 to 20 February 2026;(d) the amount by which the monetary award exceeds the prescribed element is £1,728.44.