Miss P Davis v RML Pubs Ltd: 1403525/2023
JUDGMENT
[1]The Claimant was unfairly dismissed by the Respondent.[2]The Claimant was entitled to a reasonable period of notice under her contract of employment with the Respondent. A reasonable period of notice for the Claimant was 4 weeks’ pay.[3]The Respondent did not have lawful grounds to terminate the Claimant’s contract of employment without notice or pay in lieu of notice and accordingly the complaint of breach of contract in respect of notice pay is well-founded.[4]The claims for a statutory redundancy payment and for unauthorized deductions are dismissed on withdrawal.[5]The Respondent shall pay the following sums to the Claimant: A basic award of £882.54.[2]An award for breach of contract (notice pay) of £755.25. A compensatory award of £3890.65.[4]There will be an uplift of 25% to the compensatory award and the award for notice pay to reflect the Respondent’s unreasonable failure to comply with the ACAS Code on Discipline and Grievances. This amounts to £1161.48.[5]It is just and equitable to reduce the compensatory award by 10% under s.123(6) Employment Rights Act 1996 to reflect contributory conduct on the part of the Claimant. The compensatory award is therefore reduced by £389.07.[6]The total award is therefore £6300.85.[7]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply to this award.