Ms J Hernandez Sosa v Prestige Services London Limited London Central: by CVP on 14 and 15 October 2021 — 2021

Ms J Hernandez Sosa succeeded in her unfair dismissal claim. The tribunal found that the reason for dismissal was redundancy, but the dismissal was procedurally and substantively unfair because of failures in individual consultation, identification of the redundancy selection pool, identification of redundancy selection criteria, and adequate consideration of alternative employment.

On remedy, the tribunal found that a fair procedure and meaningful individual consultation would have kept the claimant employed for a further two weeks, to 21 September 2020, and awarded £725.18 for that period. It then applied Polkey reductions to later periods, including awards of £2,590 for 21 September 2020 to 31 December 2020, £1,541.05 for 1 January 2021 to 30 April 2021, £273.99 for 1 May 2021 to 22 May 2021, £794.76 for 23 May 2021 to 15 October 2021, and £403.41 for 16 October 2021 to 15 January 2022.

The tribunal also awarded £500 for loss of statutory rights, reduced by 50% to £250. No basic award was made because the claimant had received a statutory redundancy payment. The judgment states that the total compensatory award and total sum payable were £6,578.39 net of tax, subject to recoupment, while the recoupment appendix separately records a total monetary award of £6,588.39, a prescribed element of £5,924.98, and an excess of £663.41.