Cases3200983/2023

Claimant v Swissport GB Ltd

27 September 2024Before Employment Judge MassarellaEast Londonin person

Outcome

Claimant succeeds£9,029

Individual claims

Unfair Dismissalsucceeded

This is a remedy hearing following a successful unfair dismissal claim. The tribunal has awarded both a basic award and a compensatory award for loss of earnings and statutory rights.

Facts

This is a remedy hearing following a successful unfair dismissal claim. Mr Khan had 18 years continuous service with Swissport GB Ltd and was dismissed on 30 April 2023. His weekly gross wage was £313.75. The claimant represented himself at the remedy hearing while the respondent was represented by a solicitor.

Decision

The tribunal awarded Mr Khan a total of £9,028.71 comprising a basic award of £5,647.50 (based on 18 years service) and a compensatory award of £3,381.21 (covering loss of net earnings from 1 May to 31 December 2023 plus £400 for loss of statutory rights). The prescribed element of £2,981.21 is subject to recoupment.

Practical note

In a remedy hearing for unfair dismissal with long service (18 years), compensation comprised basic award calculated using the statutory formula and compensatory award for relatively modest loss period (8 months), subject to recoupment provisions.

Award breakdown

Basic award£5,648
Compensatory award£3,381
Loss of statutory rights£400

Award equivalent: 28.8 weeks' gross pay

Legal authorities cited

Statutes

Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996

Case details

Case number
3200983/2023
Decision date
27 September 2024
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
transport
Represented
Yes
Rep type
solicitor

Employment details

Salary band
£15,000–£20,000
Service
18 years

Claimant representation

Represented
No