D Caines v DMF Security Ltd: 1303261/2024
JUDGMENT
[1]The claimant’s claim for unfair dismissal is well-founded and succeeds.[2]It is just and equitable to make a reduction of 10% to the basic award pursuant to section 122(2) Employment Rights Act 1996 and 10% to the compensatory award pursuant to s 123(6) Employment Rights Act 1996 on account of contributory fault.[3]No deduction had been applied under the principles of Polkey v AE Dayton Services Limited.[4]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures and it is just and equitable to increase the award by 25%.[5]The respondent is ordered to pay the claimant the total sum of £6,374.51 as compensation consisting of a basic award (after adjustments) of £2,094.70 and a compensatory award (after adjustments) of £4,279.81 as calculated below.[6]The recoupment regulations do apply to the compensatory award. For the purposes of these regulations(a) The prescribed period is 7 March 2024 to 6 August 2024 Case No: 1303261/2024(b) The prescribed element is £2,054.27(c) The amount by which the total monetary award exceeds the prescribed element is £4,320.24. Calculation of Award Basic Award £ 2,327.45 (10% deduction) £2,094.70 Compensatory Award Loss of statutory rights £500 Expenses/training costs £1,250 Loss of earnings to date £2,054.27 ACAS Uplift (25%) £951.07 Total £4,755.34 Minus 10% deduction (£475.53) Compensatory award £4,279.81 Total (basic award + compensatory award) £6,374.51