Cases6004736/2024

Claimant v C & A Navigation Limited

20 February 2025Before Employment Judge BrewerMidlands Eastremote video

Outcome

Claimant succeeds£20,549

Individual claims

Automatic Unfair Dismissalsucceeded

This is a remedy hearing following a previous liability judgment. The tribunal found the claimant was automatically unfairly dismissed and awarded a basic award and compensatory award.

Direct Discriminationsucceeded

The tribunal awarded injury to feelings of £9,000 plus interest, indicating a successful discrimination claim was established at the liability stage.

Breach of Contractsucceeded

The tribunal awarded 4 weeks pay for failure to provide a written statement of employment particulars under section 1 of the Employment Rights Act 1996.

Facts

This is a remedy hearing following an earlier liability judgment in favour of the claimant. The respondent did not attend the remedy hearing. The claimant was represented by counsel. The tribunal had previously found the claimant was automatically unfairly dismissed and had succeeded in a discrimination claim.

Decision

The tribunal awarded the claimant total compensation of £20,548.52, comprising a basic award for automatic unfair dismissal, compensatory award, injury to feelings award in the lower Vento band with interest, and an award for the respondent's failure to provide written employment particulars. The respondent did not attend to contest the remedy.

Practical note

Where a respondent fails to attend a remedy hearing after losing on liability, the tribunal will proceed to calculate and award appropriate compensation based on the claimant's evidence and submissions.

Award breakdown

Basic award£7,836
Compensatory award£2,521
Injury to feelings£9,000
Interest£720

Vento band: lower

Case details

Case number
6004736/2024
Decision date
20 February 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
transport
Represented
No

Employment details

Claimant representation

Represented
Yes
Rep type
barrister