Mr C Rowe v Macemade Ltd T/a The Boat House Christchurch: 1403658/2021
JUDGMENT
The judgment of the tribunal is that: The complaint of unfair dismissal succeeds. The Claimant was dismissed without fair process, in that there was no formal process or investigation into the matter. For these reasons the Claimant is awarded a BASIC AWARD of £1,005.44 (£502.72 x 2). However, the Claimant contributed to his dismissal by 100% and the procedural defects made no practical difference to the decision to dismiss, so for those reasons no COMPENSATORY AWARD is made. The complaint of breach of contract for notice pay succeeds because the Respondent has not proven beyond reasonable doubt that the Claimant had committed an act of gross misconduct at the time of dismissal. The Claimant would have been entitled to 4 weeks’ notice pay. Case Number: 1403658/2021 It is just and equitable to increase that award by 5% for the failure to follow the ACAS code. The Claimant is awarded a NOTICE PAY award of £2,111.42 gross (£502.72 x 4 = £2,010.88 + 5% which = £100.54) The Respondent is ordered to pay these amounts to the Claimant.