Miss S Wilson v Nationwide Care Services Ltd: 1300054/2021

EMPLOYMENT TRIBUNALS

Case No 1300054/2021

Between

Miss S WilsonClaimant

Nationwide Care Services LtdRespondent

Before

Employment Judge Kenward

Mr G Hine (instructed by solicitor) for respondent

Date 2 September 2022

JUDGMENT

[1]The complaint of unfair dismissal is well-founded. This means that the respondent unfairly dismissed the claimant.

[2]The respondent is ordered to pay to the claimant compensation for unfair dismissal in the sum of £8,070.60 on the basis that:(1) a basic award was calculated in the sum of £603.12 (on the basis that the conduct of the claimant before the dismissal was such that it would be just and equitable to reduce the sum calculated of £1,005.20 by 40%);

(2) a compensatory award was calculated in the sum of £7,467.48 consisting of: (a) a prescribed element of £6,900. 68 consisting of loss of earnings (in respect of the period from 11th December 2020 to 2nd September 2022) of £12,779.04 which was: (i) subject to a reduction of 25% under the principles in Polkey v A E Dayton Services Limited

[1988] ICR 142

; (ii) subject to an increase of 20% by reason of the respondent’s failure to comply with the ACAS Code of Practice on disciplinary procedures; and (iii) subject to a further reduction of 40% as being just and equitable in respect of the dismissal having been caused or contributed to by any action of the claimant; (b) a non-prescribed element of £2,692.43 arrived at by: (i) awarding £3,847.77 for future loss of earnings in respect of the period from 3rd September 2022 to 11th March 2022 in the sum of £3,847.77; (ii) awarding compensation for loss of statutory rights assessed at £500.00; - 1 - Case Number: 1300054/2021 (iii) then applying a reduction of 25% under the principles in Polkey v A E Dayton Services Limited

[1988] ICR 142

; (iv) then applying an increase of 20% by reason of the respondent’s failure to comply with the ACAS Code of Practice on disciplinary procedures; (v) then adding an additional 4 weeks’ pay amounting to £574.40 by reason of the claimant not having been provided with a written statement of the terms and conditions of employment as required by Employment Rights Act 1996 section 1; (vi) then applying a further reduction of 40% as being just and equitable in respect of the dismissal having been caused or contributed to by any action of the claimant; and then (c) with the total sum of £9593.11 then reduced to £7,467.48 by virtue of the application of the statutory cap (52 x a week’s pay of £143.60) to the compensatory award.

[3]The Respondent was in breach of contract by dismissing the Claimant without the full period of notice to which she was entitled, but no further sum is payable as damages.

[4]The Respondent did not fail to pay the Claimant for annual leave that the Claimant had accrued but not taken when her employment ended. Signed electronically by me