Case 2308135/2020 · Employment Tribunal
E Churchill v BSP (Knockholt) Ltd — 2021
- Case reference
- 2308135/2020
- Decision date
- 25 November 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge L Burge Appearances
- Venue
- London South
Parties
2 namedClaimant
E Churchill
Respondent
Key findings
Tribunal's reasoningThe claim form was presented on 8 December 2020 in relation to the claimant's dismissal from employment on 6 November 2020. The respondent did not file a response and did not participate in the proceedings. The judgment records that EJ Abbott had already decided that the claimant had been unfairly dismissed, and that the hearing on 6 October 2021 was listed to determine remedy only.
At the remedy hearing the claimant said she had received benefits after dismissal, but she did not have documents with her to show this or to show what pay she had received from the respondent. She later sent in details of her income as requested. The tribunal found that the claimant did not have normal working hours and applied section 224 of the Employment Rights Act 1996 to calculate a 12-week average weekly pay of £104 net.
Using that calculation, the tribunal awarded a basic award of £728 and a compensatory award of £5,191, giving a total award of £5,919. It also held that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied, fixed the prescribed element at £3,686.77 for the period 7 November 2020 to 17 November 2021, and stayed payment of that element until the Secretary of State served a recoupment notice or notified the respondent that no notice would be served.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal had already found the claimant was unfairly dismissed; this remedy judgment awarded a basic award of £728 and a compensatory award of £5,191, together £5,919. | Upheld | — | £5,919 |
Remedy
Monetary award- Total award
- £5,919
- across all upheld claims
- Basic award
- £728
- statutory, unfair dismissal
- Compensatory award
- £5,191
- compensatory remedy recorded
Legal tests applied
2 references- section 224 Employment Rights Act 1996
- Employment Protection (Recoupment of Benefits) Regulations 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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