Mrs D Weir v HF Trust Ltd: 1600323/2025
JUDGMENT
[1]The Claimant’s claim of automatic Unfair Dismissal (by reason of her having made a protected public interest disclosure) is dismissed, upon withdrawal by the Claimant.[2]The Claimant was unfairly dismissed by the Respondent on 21 November 2024, for a reason related to conduct, the dismissal being procedurally unfair.[3]Given the Claimant’s conduct, it would be just and equitable to reduce both the Basic and Compensatory Awards by 50%.[4]The risk to the Claimant of her being fairly dismissed was such that she would, in all probability, have been fairly dismissed by no later than 23 January 2025, had the Respondent followed a fair procedure.[5]The Respondent did not breach the Claimant’s contract with regard to Notice; her breach of contract claim fails and is dismissed.[6]Remedy: The parties settled the claim for an Award pursuant to the Liability judgment in the light of submissions on the applicability of the relevant ACAS Code, (after the liability judgment and without the need for full Remedy Case Number: 1600323/2025 Hearing), and my clarification of the judgment in that regard. In the light of the above, it is agreed that the Respondent shall pay to the Claimant, within 21 days, the net sum of £8,737.21. I did not hear evidence on losses and did not make an award, such that the recoupment provisions do not apply. Approved by