Case 1802215/2020 · Employment Tribunal
Mr Daniel Hilbert v Red Admiral Vintage Ltd FINAL HEARING — 2020
- Case reference
- 1802215/2020
- Decision date
- 25 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Shore Appearances
Parties
2 namedClaimant
Mr Daniel Hilbert
Respondent
Key findings
Tribunal's reasoningAt the final hearing on 25 September 2020, held at Leeds by video link, Employment Judge S Shore found that Mr Daniel Hilbert’s claim of unfair dismissal succeeded. The judgment states that he was unfairly dismissed by Red Admiral Vintage Ltd. It also records that no deduction was to be made from any award for contributory conduct or under the principle in Polkey v AE Dayton Services Ltd [1998] ICR 142.
The tribunal awarded a basic award of two weeks’ pay, calculated at a gross weekly rate of £410.56, giving £821.12. The compensatory award was calculated by reference to average net weekly pay of £348.98 from the effective date of termination, 23 January 2020, to the date of hearing, 25 September 2020. The tribunal allowed 7 weeks at full net pay to 16 March 2020, 17 weeks at 80% during the lockdown period from 17 March 2020 to 3 July 2020, and 11 weeks at full net pay from 4 July 2020 to 25 September 2020. It also awarded 26 weeks’ future loss at £348.98 per week and £250 for loss of statutory rights.
The total award was £21,172.30. The judgment records that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied, with a prescribed element of £11,027.70 for the period 24 January 2020 to 25 September 2020 and a difference between the total award and the prescribed element of £10,144.60. It explains that the Secretary of State may recoup benefits paid to the claimant by notice to the respondent, and that the respondent is not obliged to pay the prescribed element to the claimant until the recoupment position is resolved.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Recorded from the judgment. | Upheld | — | £21,172 |
Remedy
Monetary award- Total award
- £21,172
- across all upheld claims
- Basic award
- £821
- statutory, unfair dismissal
- Compensatory award
- £20,351
- compensatory remedy recorded
Legal tests applied
3 references- Polkey v AE Dayton Services Ltd [1998] ICR 142
- Employment Protection (Recoupment of Benefits) Regulations 1996
- section 123 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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