Mrs J Thirlaway v Mrs Ann Muller trading as Ann’s Pasties — 2020

The tribunal held that Mrs Thirlaway was unfairly dismissed. It made no order for reinstatement or re-engagement. No separate written reasons were issued beyond the written record because oral reasons had been given.

The compensation calculation was set out in the schedule of calculations. The basic award was £3,105, based on 1.5 weeks' gross pay for each of 9 complete years of service using an agreed gross weekly pay of £230. The compensatory award was £3,387.85 and included £300 for loss of statutory rights, £2,627.85 for net earnings loss after deducting £1,642.75 earned from other employment from the agreed comparable earnings figure of £4,270.60, and £460 under section 38 of the Employment Act 2002 because the business had failed to provide a written statement of employment particulars. The schedule also notes a correction: £134.60 should have been deducted from the earnings calculation for tax paid by Mrs Thirlaway, which increased the amount payable by that sum.

The total award payable was recorded as £6,492.85. The tribunal then gave credit for the £5,000 ex gratia payment already made, reducing the amount ordered to be paid to £1,492.85. It also recorded that the Recoupment Regulations did not apply.