Mrs A Gapper v M Hanney T/a The Park Farm House Care Home: 1400976/2022

EMPLOYMENT TRIBUNALS

Case No 1400976/2022

Between

Mrs Anna GapperClaimant

Margaret Hanney (trading as the Park Farm House Care Home)Respondent

Before

Employment Judge Horder

In person for claimant

Date 22 November 2022

JUDGMENT

[1]By agreement of both parties, the name of the Respondent shall be amended to and recorded as Margaret Hanney (trading as the Park Farm House Care Home).

[2]The Claimant’s claim for unfair dismissal succeeds.

[3]A 100% reduction in the compensatory aware will be made under the principles in Polkey v AE Dayton Services Ltd

1988 ICR 142

, save for the period of 7 days post dismissal to reflect the time the Claimant would have remained in receipt of full pay had an adequate discplinary procedure been followed.

[4]The claimant contributed to her dismissal to the extent of 50%, to be applied to the basic award for unfair dismissal only. 1 of 2 Case Number: 1400976/2022

[5]There should be a 15% increase in the Claimant’s compensatory award under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). REMEDY FOR UNFAIR DISMISSAL

[6]The Claimant is awarded the following amounts in respect of her claim for unfair dismissal:a. Basic award of £1875 i. The Claimant was 59 at the date of dismissal on 20.1.22. She had completed 10 years of service and was entitled to one and a half weeks pay for each complete year of service. The Claimant’s gross pay was £250 per week. ii. The total award before deductions is £3750 (10 x 1.5 x £250) iii. Direction under s.122(2) for contributory conduct at 50%: £1875

b. Compensatory award of £287.50 i. 7 days loss of earnings from date of dismissal to reflect additional time that a fair procedure would have taken – agreed at £250 ii. Uplift to compensatory award of 15% for failure to follow the ACAS code - £37.50

c. Grand Total award: £1875 + £250 + £37.50 = £1944.50