K Forkin v White Pepper Cookery Ltd: 1403170/2024
JUDGMENT
[1]The Claimant's complaint in respect of unfair dismissal is well founded. The Claimant was unfairly dismissed by the Respondent by reason of capability.[2]There is a 25 per cent chance that the Claimant would have been fairly dismissed in any event on 05 December 2024.[3]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 ten per cent in accordance with s207A Trade Union & Labour Relations (Consolidation) Act 1992.[4]The Claimant caused or contributed to her dismissal by blameworthy conduct and it is just and equitable to reduce the compensatory award payable to the Claimant by 50 per cent.[5]The Respondent shall pay the Claimant £2147.14 in respect of her unfair dismissal.[6]As a result of her unfair dismissal the Claimant lost certain statutory rights. The Respondent shall pay the Claimant the sum of £500 as compensation for this loss.[7]The complaint of unauthorised deductions from wages is well-founded. The Respondent made an unauthorised deduction from the Claimant's wages for the periods 04 October and 07 October 2024. .[8]The Respondent shall pay the Claimant £211.56, which is the gross sum deducted. The Claimant is responsible for the payment of any tax or National Insurance.[9]The complaint in respect of holiday pay is well-founded. The Respondent made an unauthorised deduction from the Claimant's wages by failing to pay the Claimant for a day's holiday accrued but not taken on the date the Claimant’s employment ended.[10]The Respondent shall pay the Claimant £105.78. The Claimant is responsible for paying any tax or National Insurance.[11]The Respondent is ordered to pay the Claimant £2964.48 in total.[12]The Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 do not apply to this case.[13]The award for unfair dismissal is constituted as follows:a. Basic Award - 3 (weeks) x 528.90 = £1586.70b. Compensatory Award i. Immediate gross loss between 06 November 2024 and 25 November 2024 which is 13 working days - 13 x 105.78- 305.55 (sick pay) = £1069.59 ii. Future gross loss between 25 November 2024 and 05 December 2024 which is 9 working days - 9 x 105.78 minus (11.94 x 15) + (11.94 x 20) = £534.12 iii. Polkey reduction of 25 per cent - (1069.59 + 534.12 x 25% = 400.92 -sub-total 1603.71 minus 400.92 = £1202.79 iv. ACAS Code adjustment of 10 per cent - (1020.79 x 10% = 102.08 - sub-total 1020.79 +102.08 = £1122.87 v. Contributory fault adjustment of 50 per cent - (1122.87 x 50% = 562.43- final total 1122.87 - 562.43 = £560.44 Total Compensatory Award - £560. 44 Approved by: