Mrs A Handley v Handley Steel Ltd: 1311673/2024
JUDGMENT
[1]The complaint of unfair dismissal under Part X Employment Rights Act 1996 is well-founded. The claimant was unfairly dismissed. The respondent is ordered to pay to the claimant the following –a. A basic award in the sum of £7,615.20b. A compensatory award in the sum of £3,901.25 (which includes a 25% ACAS uplift)[2]The complaint of breach of contract is well-founded. The respondent is ordered to pay the claimanta. the sum of £4,536.45 damages for breach of contract in relation to notice pay and benefits (which includes a 25% ACAS uplift).b. the sum of £1,093.05 damages for breach of contract in respect of the failure to provide private medical insurance during the period 1 June 2024 to 5 October 2024 (which includes a 25% ACAS uplift). These figures have been calculated using gross pay to reflect the likelihood that the claimant will be taxed upon it as Post Employment Notice Pay.[3]The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 is well-founded. The respondent made an unauthorised deduction from the claimant’s wages in the period 1 June 2024 to 5 October 2024. The respondent shall pay the claimant the gross sum of £5,711.63 deducted from pay (which includes a 25% ACAS uplift).[4]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2)/16(1) of the Working Time Regulations 1998. The respondent is ordered to pay to the claimant the gross sum of £1,358.10 (which includes a 25% ACAS uplift)[5]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 compensation payable by 25% pursuant to section 207A Trade Union and Labour Relations (Consolidation) Act 1992 as set out above.[6]The respondent failed in its duty to provide the claimant with a written statement of the main terms and conditions of employment complying with section 1/section 4 Employment Rights Act 1996. Pursuant to section 38 of the Employment Rights Act 2002, the above award is increased by the sum of £507.74, being two weeks’ gross pay.[7]The recoupment provisions do not apply. Approved by: