R Gall Ms A Chapman v Represented by:- Mr W McPartland –15 Solicitor RT Management Ltd — 2018

The tribunal recorded that liability had already been decided by judgment dated 15 March 2018 and sent to the parties on 26 March 2018. That earlier judgment found the claims of unfair dismissal, breach of contract and unauthorised deduction from wages successful, and the April 2018 hearing was only to assess remedy.

At the remedy hearing, Ms Chapman gave evidence about her loss and mitigation. The tribunal accepted that she had made diligent efforts to find alternative employment after her dismissal on 24 October 2017. She obtained a new job quickly, but there was a period between early November 2017 and 4 January 2018 while references and criminal record checks were completed. She then continued to look for more hours and told her new employer she was available for additional work.

On loss, the tribunal found that Ms Chapman would have earned £2,880 from the respondents during the relevant period, and that she had received £934.12 from her new employer, leaving past loss of £1,945.88. The tribunal accepted that she continued to suffer ongoing loss because she was still working only 10 hours per week at the minimum wage instead of the 16 hours per week she had worked for the respondents. It considered a claim for 52 weeks too long and instead awarded ongoing loss for 40 weeks at £41.70 per week, giving £1,668. The resulting monetary award for unfair dismissal was £3,613.88, subject to recoupment because Universal Credit had been received.

In addition, the tribunal found two unlawful deductions from wages: £122.48 and £52.50. It ordered payment of the total, £174.98, under section 23 of the Employment Rights Act 1996.