Miss J Barnes v Serenity Nails and Beauty Ltd and Serenity Aesthetics Clinic Ltd: 1401065/2024
JUDGMENT
[1]The claims against the first respondent are dismissed upon withdrawal by the claimant.[2]The second respondent made an unauthorised deduction of £500 from the claimant’s wages for November 2023. The claim against the second respondent for unlawful deduction from wages is well founded.[3]The claimant was unfairly dismissed by the second respondent.[4]The claimant’s compensation for unfair dismissal is to be adjusted as follows:a. basic award to be reduced by 25% owing to the claimant’s contributory conduct, under s.122(2) of the Employment Rights Act 1996;b. any compensatory award in respect of losses after 20 December 2023 to be reduced by 60%, under the principle in Polkey v. A E Dayton Services Ltd;c. any compensatory award to be increased by 17.5% for unreasonable failure to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures, under s. 207A of the Trade Union and Labour Relations (Consolidation) Act 1992;d. any compensatory award to be reduced by 25% owing to the claimant’s contributory conduct, under s.123(6) of the Employment Rights Act 1996. Case Number: 1401065/2024[5]A remedies hearing will be listed to determine all issues of remedy relating to the successful claims. Employment Judge Hogarth 17 January 2025 11 February 2025 By Mr J McCormick For the Tribunal Notes[1]Because oral reasons were given at the Hearing, written reasons will not be provided unless a written request is received from either party within 14 days of the sending of this record of the decision.[2]Judgments, and any written reasons for judgments, are published in full online at www.gov.uk/employmenttribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.