Mrs D Hogan v Sandersons Property Management Limited — 2024

The claim was issued on 26 September 2023 and determined by Employment Judge Ramsden at London South on 5 February 2024 under Rule 21 of the Employment Tribunals Rules of Procedure 2013, the Respondent having failed to present a valid response within the time limit in Rule 16. The Claimant was represented by Mr J Ratledge of counsel; the Respondent did not attend. On the available material the Judge found the Claimant's claims of unfair dismissal under section 98 of the Employment Rights Act 1996, and that the employer unreasonably failed to provide a written statement under section 92 of the 1996 Act, to be well-founded.

The Claimant was awarded damages of £12,033.09. This comprised £11,438.93 for unfair dismissal, made up of a basic award of £0 (because statutory redundancy pay had already been paid, pursuant to section 122(4) of the 1996 Act) and a compensatory award of £11,438.93. The compensatory award was calculated by reference to the statutory cap of 52 weeks' pay (£297.08 x 52 = £15,448.16), less a notice payment in lieu of £1,188.32 net and earnings of £1,184.66 net (16-31 October 2023) and £2,136.25 net (27 November 2023 to 11 January 2024), with £500 added for loss of statutory rights.

In addition, the Respondent was ordered to pay £594.16, being two weeks' pay, in respect of the unreasonable failure to provide a written statement of reasons for dismissal under section 92. For the purposes of the Employment Protection (Recoupment of Benefits) Regulations 1996, the Prescribed Period was set as 17 June 2023 to 5 February 2024 and the Prescribed Element as £5,517.20.