Mrs B Bradbury v Barchester Healthcare Ltd: 1306701/2019
JUDGMENT
[1]It is the decision of the Employment Tribunal that the claimant was unfairly dismissed contrary to s94 of the Employment Rights Act 1996 (ERA).[2]It is in the interests of justice for the tribunal to make a deduction of 50% from any compensation payable to the claimant for unfair dismissal, in accordance with s123(6) of the under the principles set out in Polkey v AE Dayton Services Limited.[3]The claimant caused or contributed to her dismissal and a reduction of 25% will be applied to any compensatory award when determined, in accordance with s123 (6) of the ERA.[4]In light of conduct of the claimant before dismissal, it is just and equitable to reduce the amount of the basic award by 25% in accordance with s122(2) of the ERA.[5]The claimant is awarded the sum of £6,112.26 by way of basic award taking into account the reduction referred to above.[6]The claimant failed to mitigate her losses at all and is not entitled to any Case Number 1306701/2019 compensation for lost earnings. She is awarded the sum of £100 in respect of loss of statutory rights after the application of the reductions to the compensatory award above.[7]The compensation above is payable to the claimant by no later than 20 September 2021.