In person For the v No appearance or — 2024

The Tribunal, sitting at London South by CVP before Employment Judge Truscott KC with Mr R Baber and Mr S Sheath, unanimously found that the claimant was both unfairly and wrongfully dismissed. The claimant had resigned with notice after being treated unfairly by Mr Hewitt of the respondent, but was then dismissed with immediate effect. The respondent did not appear at the hearing, its response and counterclaim having been automatically dismissed in November 2023. The claimant withdrew his disability discrimination claim in the course of the hearing.

The Tribunal accepted the claimant's evidence on the merits and on his schedule of loss, finding that the respondent had not established a reason for dismissal and that the claimant did not contribute to his dismissal. It awarded a basic award of £9,421.50, a compensatory award of £50,523.21 (covering loss of statutory rights, post-notice losses to the date of hearing net of self-employed mitigation, and lost pension contributions), and wrongful dismissal damages of £9,440.42 for 11 weeks' statutory notice. The combined sum was grossed up to £79,231.41 using a 25% marginal rate and the £30,000 tax-free allowance under s.401 ITEPA 2003.

The Tribunal also ordered the respondent to pay outstanding commission of £3,273.97 and mileage of £111.75. A costs order of £5,428.75 plus £1,085.75 VAT (£6,514.50) was made under rule 76(1)(a), the Tribunal finding that the respondent had behaved unreasonably throughout the proceedings, including failing to attend preliminary hearings and to comply with case management orders. No ACAS uplift was made as no grievance had been raised, and interest was not awarded within the calculation but would become payable if the award were not paid.