Mr O O’Connor v Tendable Ltd: 1402556/2022
| Jurisdiction | England & Wales |
| Judgment Date | 11 April 2023 |
| Citation | 1402556/2022 |
| Date | 11 April 2023 |
| Published date | 10 May 2023 |
| Court | Employment Tribunal |
| Subject Matter | Unfair Dismissal |
Case No. 1402556/2022
1
EMPLOYMENT TRIBUNALS
BETWEEN
Claimant Respondent
Mr O O’Connor AND Tendable Limited
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
HELD AT BRISTOL ON 11 April 2023
EMPLOYMENT JUDGE J Bax
Representation
For the Claimant: Mr O O’Connor (in person)
For the Respondent: Ms E Afriyie (consultant)
JUDGMENT
Upon liability not being contested:
1. The Claimant was unfairly dismissed by the Respondent.
2. The complaint that the Claimant was subjected to detriment because he
alleged that the Respondent infringed the Part-time Workers (Prevention of
Less Favourable Treatment) Regulations 2000 was well founded.
JUDGMENT ON REMEDY
The Judgment on remedy is in two parts. The first part is the Judgment in figures
net of tax (apart from the claim for loss of pension contributions). The second part
sets out the calculation for the taxable part of the award providing a final grossed
up figure.
Part 1
Case No. 1402556/2022
2
The Respondent shall pay the Claimant the following sums in respect of the
claim of unfair dismissal :
1. An agreed basic award of £1,713.00.
2. The agreed sum of £22,955.84 net in respect of loss of earnings.
3. The agreed sum of £2,354.15 gross in respect of loss o f employer pension
contributions.
4. The claim for a payment in respect of share options is dismissed.
A total sum of £27,022.99.
The Respondent shall pay the Claimant the following sums in respect of the
claim of the detriment claim :
5. £7,000 in respect of injury to feelings.
6. Interest of £507.84 in respect of injury to feelings.
A total sum of £7,507.84
Uplift for failing to follow the ACAS Code of Practice on disciplinary and
Grievance Procedures 2015
7. The Respondent was in breach of the ACAS Code of Practice in respect of
grievance procedures and it was just and equitable to increase the award
to the Claimant by 10%
8. The total sums due to the Claimant (unfair dismissal and detriment) are
£34,530.83 of which 10% is £3,453.08 and is added to the award making a
total of £37,983.08.
Grossing up and Recoupment
9. The total amount payable to the Claimant is £37,983.08
10. These figures are subject to grossing up.
11. The Employment Protection (Recoupment of Jobseeker’s Allowance and
Income Support) Regulations 1996 (“the Recoupment Regulations”) apply
in this case.
Part 2: Grossing up of taxable part of the award
12. By consent, the parties agreed that the awards should be grossed up as
follows.
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