Ms Nicola McGinness v Core Plant Hire Ltd — 2021

Ms Nicola McGinness, who had worked for Core Plant Hire Ltd as an administrator, brought a single unfair dismissal claim. The tribunal recorded that the respondent did not defend the claim and did not advance any potentially fair reason for dismissal. On that basis, and applying section 98(4) of the Employment Rights Act 1996, the tribunal found the dismissal unfair.

On remedy, the tribunal found that the claimant had gross weekly pay of £278 and net weekly pay of £230. Although a payment described as a redundancy payment had been made, the respondent had not established that the dismissal was in fact by reason of redundancy, so the exclusion from entitlement to a basic award in section 122(4) ERA did not apply. With five years' service between the ages of 22 and 41, the tribunal awarded a basic award of £1,390.

For the compensatory award, the tribunal noted that from July 2020 the claimant became self-employed as a photographer and earned about £1,000 to £1,300 per month for around five months, before lockdown restrictions prevented her from continuing. The tribunal also noted that she had not applied for other employed work and had therefore not fully mitigated her loss. It found no financial loss for the first five months, but awarded compensation for 10 weeks, reflecting the claimant's inability to pursue her business and taking account of the redundancy payment. The compensatory award was £2,300, producing a total award of £3,690.