Mr Stewart Brooker Mr Michael Davies Mr Larry Ford v R & M Williams Limited — 2022

This was a reserved remedy judgment after the Employment Appeal Tribunal had upheld the earlier TUPE finding. The Respondent accepted that it was the relevant employer for the three unfair dismissal claims and that the effective date of termination for each claimant was 2 January 2018. Liability was therefore no longer in issue, and the tribunal determined compensation only, applying the Employment Rights Act 1996 provisions on basic and compensatory awards and the usual mitigation principles.

For Mr Brooker, the tribunal found 16 years of continuous employment, a gross weekly pay capped at £489, and a notice entitlement agreed at 12 weeks at £417 net. The tribunal accepted that he had made reasonable efforts to find work, but reduced his claimed 10 months of future loss to 5 months as just and equitable, awarding £9,035 for that head. It also awarded £450 for loss of statutory rights. His total award was £25,797.80.

For Mr Davies, the tribunal accepted a start date of 1 January 2010 and 8 years of continuous employment. It preferred his evidence on gross weekly pay, but applied the basic-award cap of £489. The notice period was agreed at 8 weeks at £420 net. His claim for 12 months of future loss was reduced to one month because there was no written verification of his new earnings and his oral evidence was incomplete, producing an award of £1,820 for future loss and £375 for loss of statutory rights. His total award was £11,423.00.

For Mr Ford, the tribunal accepted a start date of 1 January 2002, 16 years of continuous service, and a notice period of 12 weeks at £381.40. It recorded a series of job-search efforts over several months and accepted that he had taken reasonable steps to mitigate his loss, but reduced the claimed 12 months of future loss to 6 months as proportionate. That produced £9,916.40 for future loss and £450 for loss of statutory rights. His total award was £26,109.68. The judgment recorded that no recoupment of benefits was necessary.