K Fellows v Independent Slitters Ltd: 1306540/2020
JUDGMENT
[1]The Claimant was unfairly dismissed.[2]There shall be no “Polkey” reduction from the compensation awarded to the Claimant (namely a finding that there was a prospect that the Claimant would have been dismissed in any event had a fair procedure been adopted in relation to his dismissal).[3]The Claimant did not contribute to his dismissal within the meaning of s.123(6) of the Employment Rights Act 1996.[4]In the calculation of the Claimant’s compensation the Tribunal will apply a 15% uplift by reason of the Respondent’s failure to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures 2009.[5]By consent, the Respondent shall pay compensation to the Claimant as follows: Basic Award £11,567.00 Compensatory Award £7,873.61 Sub-Total £19,440.61 15% ACAS Code uplift £2,916.09 Total £22,356.70[6]The Recoupment Regulations apply to this award. The grand total of the award is £22,356.70. The prescribed element is £1,157.74. The period of the prescribed Case No.1306540/2020 element is 30 June 2020 to 25 October 2020. The excess of the grand total over the prescribed element is £21,198.96. The annex to this judgment explains the operation of the Recoupment Regulations.