Cases6014865/2024

Claimant v Gestamp Tallent Ltd

25 February 2025Before Employment Judge GowlandNewcastleremote video

Outcome

Claimant succeeds£15,127

Individual claims

Unfair Dismissalsucceeded

The tribunal found that Mr. Hooper's dismissal was unfair and awarded him compensation. The claim was well founded and succeeded on its merits as determined at the remedy hearing.

Facts

Mr. Hooper was dismissed by Gestamp Tallent Ltd on 4 June 2024. He brought a claim of unfair dismissal and represented himself at the tribunal. The respondent was represented by their HR and legal advisor Miss Vittorio. This was a remedy hearing following an earlier determination that the dismissal was unfair.

Decision

The tribunal found the unfair dismissal claim succeeded and awarded Mr. Hooper £15,126.66 in compensation. The award included loss of earnings (£18,346.70), loss of statutory rights (£350), and pension loss (£124.13), with a 20% deduction applied for failure to mitigate losses.

Practical note

Even successful claimants must take reasonable steps to mitigate their losses by seeking alternative employment, with tribunals willing to apply significant percentage reductions where mitigation efforts are inadequate.

Award breakdown

Compensatory award£15,127
Pension loss£124
Loss of statutory rights£350

Legal authorities cited

Statutes

Employment Protection (Recoupment of Benefits) Regulations 1996

Case details

Case number
6014865/2024
Decision date
25 February 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
manufacturing
Represented
Yes
Rep type
in house

Claimant representation

Represented
No