Mr D Foxall v Modus Recycling CIC: 1303112/2022
JUDGMENT
[1]The respondent’s name is amended by consent to Modus Recycling CIC.[2]The claimant’s claim for automatic unfair dismissal under s43B and/or s100 of the Employment Rights Act 1996 is not well-founded and is dismissed.[3]The claimant’s claim for unfair dismissal is well founded. The claimant was unfairly dismissed.[4]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 25% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[5]The claimant caused or contributed to the dismissal by blameworthy conduct and it is just and equitable to reduce the compensatory award payable to the claimant by 20%.[6]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just 10.2 Judgment - rule 61 February 2018 Case No: 1303112/2022 V and equitable to make an award of an amount equal to four weeks’ gross pay.[7]It is just and equitable to reduce the basic award payable to the claimant by 20% because of the claimant’s conduct before the dismissal.[8]The respondent shall therefore pay the claimant the following sums:a. A basic award of £591.60b. A compensatory award (including loss of statutory rights) of £1924.22 Note that these are the sums payable to the claimant after any deductions or uplifts have been applied.