Mr O O’Connor v Tendable Limited — 2023

Liability was not contested. The tribunal held that Mr O’Connor had been unfairly dismissed by Tendable Limited and that his complaint of detriment for alleging infringement of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 was well founded. No reasons were separately set out in the extracted text, but the judgment records these liability findings and then turns to remedy.

On the unfair dismissal claim, the parties agreed the basic award, loss of earnings, and loss of employer pension contributions. The tribunal recorded an agreed basic award of £1,713.00, agreed loss of earnings of £22,955.84 net, and £2,354.15 gross for loss of employer pension contributions. The separate claim for a payment in respect of share options was dismissed. The unfair dismissal award totalled £27,022.99.

On the detriment claim, the tribunal awarded £7,000 for injury to feelings and £507.84 interest, producing a total of £7,507.84 on that claim. The tribunal then applied a 10% uplift because the respondent was in breach of the ACAS Code of Practice in respect of grievance procedures and it was just and equitable to increase the award by that amount.

The tribunal recorded total sums due of £34,530.83 before uplift, added 10% of £3,453.08, and stated that the total payable before grossing up was £37,983.08. It then grossed up the taxable part of the award, noting that the injury to feelings award and related interest, loss of earnings, and pension contributions totalled £35,628.93, with £30,000 tax-free and £5,628.93 taxable. The grossed-up taxable amount was £9,381.55, including £3,752.62 income tax, giving a final amount payable of £41,735.70. The annex records a monetary award of £41,735.70 and a prescribed element of £22,955.84 for the period 31 May 2022 to 11 April 2023.