Mrs Z Whitbread v Homes2Inspire Ltd: 3300421/2019

Judgment Date05 July 2021
Citation3300421/2019
Published date29 July 2021
CourtEmployment Tribunal
Subject MatterWorking Time Regulations
Case Number: 3300420-2019-V
(RJR)
Page 1 of 11
EMPLOYMENT TRIBUNALS
Claimant: Mrs Z Whitbread
Respondent: Homes2Inspire
Ltd
v
Heard at:
VIA CVP
On: 11 May 2021
Before:
Employment Judge Milner-Moore
Appearances
For the Claimant:
In person
For the Respondent:
Mr Lovejoy (Solicitor)
RESERVED REMEDY JUDGMENT
1. The respondent is ordered to pay the claimant a Basic Award of £892.
2. The respondent is ordered to pay to the claimant a Compensatory Award
of £13,106.
3. The Recoupment Regulations do not apply to this award; the claimant has
not received a recoupable benefit.
RESERVED REASONS
Background
1. Following a hearing on 19 and 20 October 2020, I found that the claimant had been
unfairly dismissed by the respondent and that the compensation awarded to the
claimant should be uplifted by 25% (pursuant to section 207A TULRCA 1992) to
reflect the respondent’s unreasonable failure to comply with the ACAS Code of
Practice on Disciplinary and Grievance Procedures. A three hour remedy hearing
took place on 11 May 2021. I heard evidence from the claimant, I also received a
remedy bundle of 133 pages, an updated schedule of loss, a small bundle of
emails, evidence as to typical solicitor’s fees, evidence as to HMRC fuel and
mileage rates and an authority (Stuart Peters Ltd v Bell). The claimant’s schedule
of loss sought compensation in respect of the following categories of loss: loss of
earnings in relation to the disparity between her earnings with the respondent and
her earnings with her new employer, loss of earnings in relation to the claimant’s
inability to perform sleep in shifts, consequential financial losses relating to the

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