Mr L Savage v Abellio London Limited — 2023

The remedy judgment followed an oral liability judgment in which the Tribunal found in the claimant's favour on unfair dismissal, underpayment of notice pay, and underpayment of accrued but untaken holiday pay. The claimant had worked as a bus driver from June 2015 until dismissal on 18 January 2022 and had been absent from work because of mental ill health since October 2021.

For notice pay, the Tribunal found the claimant was entitled to six weeks' notice at £750 gross per week, giving £4,500 gross. The respondent had paid £3,470.60 gross, leaving an underpayment of £1,029.40. For holiday pay, the Tribunal found the claimant was entitled to 8.25 days, including six rolled-over days and a pro-rated 2022 entitlement, giving £1,237.50 gross; after crediting £993.52 already paid, the underpayment was £243.98.

For unfair dismissal compensation, the Tribunal calculated the basic award by reference to the claimant's age, six years' service, and the statutory weekly pay cap, resulting in £4,896. It assessed financial loss up to 25 July 2022, took account of sick pay entitlement, notice pay, loss of statutory protection, and pension contributions, made no Polkey reduction, found no failure to mitigate, and made no ACAS uplift. The judgment's stated awards are £4,896 for the basic award and £14,307.25 for the compensatory award, producing a total award of £20,476.63.