Mr D Taylor v Helping Hands Community Care Limited — 2021

This was a remedies hearing held by video on 14 April 2021 following the tribunal's liability judgment sent on 12 February 2021 after the contested hearing on 4 and 12 January 2021. The claimant's schedule of loss claimed £43,788 and the respondent's counter-schedule put the claim at £8,684.

The claimant had been dismissed on 23 June 2020 for alleged gross misconduct. At the remedy hearing he gave further evidence about his post-dismissal earnings, including universal credit and later employment as a central blind fitter for Solo Blinds at £350 per week, although he was subsequently furloughed. He accepted that his earlier assumption that temporary employment should be disregarded was incorrect.

The tribunal awarded loss of earnings from 23 June 2020 to 20 October 2020, when the claimant started with the blind company, and partial loss of earnings from 20 October 2020 to the hearing on 12 January 2021. It found there was no evidence to justify further loss beyond that point. Pension loss and loss of statutory rights were agreed by the respondent, and a 20% uplift was applied to the compensatory award because of the respondent's failings in relation to ACAS guidelines.

The tribunal awarded an unfair dismissal sum of £8,718.82, with a basic award calculated at £1,000.35. It also awarded £1,600.56 for wrongful dismissal, £784.61 for holiday pay, and £1,333.80 for failure to provide a written statement of terms and conditions of employment. The total monetary award was £12,437.80, with a prescribed element of £5,052.06 for the period 23 June 2020 to 20 October 2020 and an excess over that prescribed element of £7,385.74.