Gordon Bruce Fennell v AW Design & Development Limited — 2024

The tribunal found that the claim was presented within the applicable time limit and that the claimant's complaint of constructive unfair dismissal was well founded and succeeded. The complaint of unauthorised deductions from wages was also well founded, the tribunal finding that the respondent had made an unauthorised deduction from the claimant's wages in the period 4 February 2023 to 9 May 2023.

The tribunal ordered the respondent to pay remedies comprising unauthorised deductions from wages of £15,226.03 (95 days, gross sum), a basic award of £3,858 (£643 cap x 6 weeks), and a compensatory award of £58,500. The compensatory award reflected loss of statutory rights of £500, past losses of £33,006.26 (loss of basic net salary to date of remedy hearing of £57,038.16, calculated as 69 weeks x £826.64, less mitigation of £24,031.90), and future loss of earnings of £31,936.65 (basic net salary to 31 December 2024 of £57,038.16, less mitigation of £25,101.51), subject to the statutory cap of 52 weeks' gross pay, thus capped at £58,500.

The hearing was conducted at Watford (CVP) on 2-4 September 2024 before Employment Judge Rakhim sitting alone, with the claimant represented by Ms G Nicholls and no attendance for the respondent. The tribunal recorded that the Recoupment of Benefit Regulations 1996 did not apply.