Automated Summary
Key Facts
Mr Ben Stratford was employed as a Service Delivery Manager by Vohkus Limited from 1 September 2019 until his summary dismissal on 10 December 2021. The tribunal found his dismissal to be unfair, awarding compensation of £20,927.40. This included a basic award of £1,088.00 (based on 2 years' service and £544.00 statutory weekly cap) and a compensatory award covering: £500.00 for loss of statutory rights, £13,532.30 for 34 weeks of lost earnings (10 weeks pre-employment + 24 weeks post-employment start), and £5,807.10 for 26 weeks of future loss. The claim for breach of contract regarding his three months' notice period was successful but no additional compensation was awarded as it was already included in the unfair dismissal calculation. Stratford secured alternative employment 10 weeks post-dismissal at a lower salary (£40,000 vs £50,000 annually), resulting in a weekly differential of £223.35. The tribunal confirmed the Employment Protection (Recoupment) Regulations 1996 did not apply.
Transaction Type
Other
Issues
- The tribunal determined that the claimant, Mr. Ben Stratford, was unfairly dismissed by the respondent, Vohkus Limited. The court found the dismissal for alleged misconduct unjustified under employment law.
- The claimant succeeded in his breach of contract claim regarding his three-month contractual notice period. However, the tribunal ruled that this loss was already compensated in the unfair dismissal award, so no additional payment was made for the contractual notice.
Holdings
- The respondent was ordered to pay the claimant £20,927.40 in compensation for unfair dismissal, including a basic award and compensatory elements.
- The claimant was found to have been unfairly dismissed by the tribunal.
- The Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 were determined not to apply in this case.
- The claimant's breach of contract claim succeeded regarding his three months' contractual notice, but no additional award was made as this was already covered in the unfair dismissal compensation.
Remedies
- The tribunal found the claimant was unfairly dismissed and ordered the respondent to pay a total compensation of £20,927.40, which includes a basic award of £1,088.00 and a compensatory award of £19,839.40 (covering past and future lost earnings).
- The court determined that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 are not applicable to this case.
- The claimant's breach of contract claim regarding the three months' notice period was successful, but no additional compensation was awarded as the loss was already accounted for in the unfair dismissal remedy.
Monetary Damages
20927.40
Legal Principles
The tribunal applied principles of unfair dismissal and breach of contract, determining the claimant was unfairly dismissed and the respondent's contractual notice obligations were breached. It also addressed compensation calculation, mitigation of loss, and the non-applicability of recoupment regulations.
Key Disputed Contract Clauses
The tribunal analyzed the breach of the claimant's three-month contractual notice period, determining that while the claim succeeded, the loss was already compensated in the unfair dismissal award, precluding additional damages for the notice period.
Cited Statute
Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996
Judge Name
N J Roper
Passage Text
- The claimant was unfairly dismissed; and the respondent is ordered to pay the claimant compensation for unfair dismissal in the sum of £20,927.40; and the claimant's claim for breach of contract succeeds in respect of his three months' contractual notice, but the claimant has already been compensated for this loss in the award for unfair dismissal, and no further award is made in this respect; and the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 do not apply in this case.
- The claimant succeeded in his claims for unfair dismissal and for breach of contract (wrongful dismissal) in respect of his three months' notice.
- Total compensation for unfair dismissal (consisting of the basic award and the compensatory award) is therefore £20,927.40 (£1,088.00 + £19,839.40) and I consider it to be just and equitable to award that amount of compensation.
Damages / Relief Type
Compensatory Damages: £20,927.40 awarded for unfair dismissal