Ms S Johnson, Counsel For the v Mr S Hoyle, Consultant (Croner) — 2022

The tribunal had previously found that Mr Knight resigned on 19 May 2020 and that the resignation amounted to constructive unfair dismissal. In the remedy judgment it recorded that the dismissal was not itself a contravention of the Equality Act 2010, so no injury to feelings was awarded for the dismissal claim.

It also recorded that there were acts of harassment, and that the £12,000 injury to feelings award related to those incidents only. The tribunal found more than one incident, that the conduct continued after Mr Knight asked for it to stop, and that he felt humiliated and later received GP review, hospital treatment after taking an overdose of eight paracetamol tablets, counselling, CBT and medication. Applying the post-6 April 2020 Vento bands, it placed the case in the middle band, would otherwise have awarded around £11,000, and increased the figure to reflect £1,000 aggravated damages arising from the way the litigation was conducted. It also awarded £2,527.56 interest on the injury to feelings sum.

On the unfair dismissal compensation, the tribunal awarded a basic award of £3,228 and financial loss of £13,761.74. It accepted that the Claimant reasonably tried self-employed delivery work and short employee roles after leaving the Respondent, but found that by around mid-November 2020 it should have been apparent that the self-employed work would not sustain him and that he then unreasonably failed to seek enough full-time employment. It therefore limited loss to 39 weeks, made no Polkey reduction and no reduction for contributory fault, and applied the Recoupment Regulations, with a total monetary award of £31,517.30 and a prescribed element of £13,761.74.