Mr I White v Newlands Garage Ltd: 1401586/2023
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]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 the compensatory award payable to the claimant by 25 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[3]The respondent shall pay the claimant the following sums:(a) A basic award of £1,800.(b) A compensatory award of £5,715.(c) 4 weeks’ pay for failure to have a written statement of terms and conditions in the sum of £1,600. Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. The total monetary award (i.e. the compensatory award plus basic award) payable to the claimant for unfair dismissal and no written contract is £9,115b. The prescribed element is £4,072.c. The period of the prescribed element is from 3 February 2023 to 10 July 2025.d. The difference between(1) and(2) is £5,043.[5]For the time for payment see the notes annexed below.