Mr P Powlesland (counsel) For the v Respondent — 2023

The remedy hearing concerned the consequences of an earlier order for reinstatement in favour of Ms S Daud against London North Eastern Railway Limited. The tribunal said the outstanding issues were the calculation of salary, benefits and pension contributions, and whether a reinstatement date could be agreed. The respondent said it did not agree with the reinstatement order and might challenge it, but it supplied salary, benefit and pension figures. The claimant did not provide alternative figures or sums.

The tribunal ordered reinstatement on or before 15 September 2023, noting that the date previously suggested by the respondent had passed. It used a dismissal date of 19 July 2022 and a reinstatement date of 15 September 2023, giving 424 days. On the figures provided, it accepted gross salary at dismissal of £28,510, attendance allowance of £4,506, London allowance of £3,348 and travel pass/rail leisure card benefits of £4,000, producing gross salary and benefits of £40,364 and a daily rate of £110.59.

Using that daily rate, the tribunal calculated back pay and benefits at £46,890.16, to be subject to deduction of tax and national insurance as though the claimant had remained in employment during the period. It also calculated pension contributions using figures provided by the pension fund on 17 July 2023, resulting in an annual contribution figure of £3,447.25 and a prorated amount of £4,004.48 for the 424-day period. The total monetary sum ordered was £50,894.64.