Mrs L Humphreys v The Ugly Duckling: 1401052/2019
JUDGMENT
The judgment of the tribunal is that the claimant’s claims for:-[1]Unfair dismissal[2]Unpaid notice pay Are well founded and succeed.[3]The claimant is awarded the total sum of £1395.00 (as is set out below).REASONS
[1]By this claim the claimant brings a claim of unfair dismissal, and unpaid notice pay. The claim was originally listed for hearing in October. However the respondent did not enter a response and the case was listed before me today. The respondent has also not attended today’s hearing.[2]The respondent has not attended and in the absence of having entered a response cannot establish a potentially fair reason for dismissal. Accordingly, the claim for unfair dismissal is bound to succeed. The claimant has given evidence that the contents of her claim form are true and that she has not received notice pay. The only basis upon which she would not be entitled to notice pay would be if the tribunal found as a fact that she was guilty of gross misconduct. Again, as the respondent has not Case No: 1401052/2019 10.7 Judgment with reasons – rule 62 attended or entered a response there is no basis for any such finding and the claim for notice pay also succeeds.Remedy
[3]In terms of remedy the claimant has given evidence that she found alternative employment from 18 February 2019, initially with an ongoing loss of £22 per week but that by the end of March she had increased her hours so there was by that point no ongoing loss.[4]The claimant was employed from 13 June 2016 until 11 January 2019.[5]Accordingly, she is entitled to two weeks statutory notice £264 (£132 x 2).[6]In terms of unfair dismissal her basic award is £396 (2 x 1.5 x £132).[7]The compensatory award is £588 ((3 x £132 to 18 February discounting the already paid notice period) (6 x £22)).[8]In addition, as is set out in the claim form, the claimant was summarily dismissed without any proper disciplinary process and was not offered an appeal. In the circumstances there will be 25% uplift for the failure to follow the ACAS code (£147).[9]The total award is £1395.00. _____________________________________ Employment Judge Cadney Dated 19 August 2019 ______________________________________[1]The claim of unfair dismissal is well-founded; the dismissal was procedurally unfair.[2]The claim of breach of contract is not well founded and is dismissed. The respondent has shown that the claimant committed gross-misconduct. Remedy A Polkey reduction of 100% is just and equitable.[4]The claimant’s conduct was culpable and contributed to her dismissal. A reduction of 75% is just and equitable.[5]The respondent unreasonably failed to comply with the ACAS Code of Conduct relating to disciplinaries and an increase of 10% to the award is just and equitable.[6]The basic award is £108.90. The compensatory award is Nil.[7]The respondent has already paid the claimant £1395.00 in accordance with the Judgment of Employment Judge Cadney dated 19 August 2020, which was set aside. Accordingly, there is no order for compensation. Case No: 1401052/2019