Mr K Vynne v Earthbound Landscapes Limited — 2021

At the CVP hearing on 2 September 2021, Employment Judge Benson found that Mr K Vynne had been unfairly dismissed by Earthbound Landscapes Limited. The tribunal awarded a basic award of £850.00 and a compensatory award of £4,398.07. The schedule recorded that the claimant would have remained unable to work and in receipt of SSP until 13 April 2021, with no further entitlement to pay from the respondent after that point, and that the tribunal assessed the respondent would have dismissed him on 15 June 2021, but that he had no losses for that later period.

The compensatory award was calculated from loss of SSP at £545.94 per month, or £125.77 per week, for 24 weeks from 29 October 2020 to 13 April 2021, producing £3,018.48. The tribunal added £500.00 for loss of statutory rights, making £3,518.46 before applying a 25% ACAS uplift, which brought the compensatory award to £4,398.07. The recoupment section recorded a prescribed element of £3,018.46 for the period 14 November 2020 to 2 September 2021, with £1,379.61 stated as the amount by which the monetary award exceeded the prescribed element.

The tribunal also held that the claimant was dismissed in breach of contract in respect of notice and awarded net damages of £304.06. This was calculated as two weeks' notice at £425.00 per week, less £545.94 already received. In addition, the tribunal found that the respondent had failed to pay the claimant's holiday entitlement and ordered payment of £1,105.00 gross, calculated as 13 days at £85.00 per day on the basis of 100% of wages during any furlough period. The judgment included a notice on tribunal interest at 8%, but it did not set out a separate interest amount in the award.