Mr A Dogra v Acetrip Limited — 2018

This was a remedy judgment following earlier liability findings that Mr A Dogra had been dismissed for making a protected disclosure and for asserting a statutory right, and that he had also succeeded on unlawful deduction from wages claims dealt with in the earlier determination. The claimant did not seek reinstatement or re-engagement, so the tribunal confined itself to compensation.

For the dismissal remedy, the tribunal accepted that no contractual notice term had been agreed and awarded the one-week statutory notice equivalent of £442.31 gross under s.86 ERA 1996. It rejected a basic award because the claimant did not have two years' service.

The tribunal accepted the claimant's evidence that he had been depressed after the events, supported by GP sick notes and correspondence from a counselling psychologist, and it rejected the respondent's mitigation case. It found that the claimant's immigration position, including the respondent's notification to the Home Office and the curtailment of his Tier 2 leave, made it reasonable that he did not seek a new sponsor in the UK; it awarded £51,307.96 gross for loss of earnings to the remedy hearing and £51,750.27 gross for future loss.

The tribunal also applied a 25% ACAS uplift because it found the respondent had not complied with the ACAS Code of Practice and had made up disciplinary warnings and the dismissal. It calculated the uplift on net loss at £21,158.28, and the total award was £124,658.82. The recap at paragraph 44 refers to a 20% uplift, but the calculation at paragraph 43 applies 25%.