Mrs G. Martin v Circle Insurance Services Limited — 2018

The tribunal held that Mrs G. Martin was unfairly dismissed by Circle Insurance Services Limited contrary to sections 94 and 98 of the Employment Rights Act. The claim was upheld and the judgment recorded that the claimant sought compensation, with the remedy calculations set out in Annex A.

On remedy, the tribunal found a basic award of £1,384.62, calculated as 3 weeks at £461.64 gross. It also calculated loss of earnings only up to 13 June 2018, because the claimant obtained employment from that date at a salary commensurate with the work she would have done for the respondent; her later departure from that job on 4 August 2018 was found to be for personal reasons and not caused by the dismissal. The tribunal noted the role's pay as £9,714.29 per annum, or £17,000 pro rata for 20 hours, with net weekly pay of £184.31 after national insurance.

The tribunal made no uplift under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 because the ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply to redundancy dismissals. After taking account of the respondent's redundancy payment of £2,000 and pay in lieu of notice of £1,690.34, the tribunal held that the payments exceeded the basic and compensatory awards and that no compensation was payable.