Mr H M Harran v Memory Lane Cakes Ltd: 1600349/2017
JUDGMENT
[1]It is the unanimous decision of the Employment Tribunal that:a. The complaint of direct race discrimination is dismissed;b. The claim of unfair dismissal is upheld;c. The claim of wrongful dismissal is upheld;d. The Claimant contributed to his dismissal and a deduction of 10% from compensation is made; ande. The Respondent unreasonably failed to follow the ACAS Code on Disciplinary and an uplift of 25% is awarded[2]Compensation is upheld in the following sums:[3]Basic award Number of qualifying weeks (3) x Gross weekly pay (350.99) 1,052.97 Less contributory fault @ 10% -105.30 Total basic award £947.67 Case No: 1600349/2017[4]Damages for wrongful dismissal Damages period (3) x Net weekly pay (381.71) 1,145.13 Plus uplift @ 25% 286.28 Total damages £1,431.41[5]Compensatory award (loss to date of hearing) Loss of net earnings Number of weeks (109.7) x Net weekly pay (381.71) 41,873.59 Plus loss of statutory rights 300.00 Less sums obtained through mitigation -25,028.28 Plus uplift @ 25% 4,286.33 Less contributory fault @ 10% -2,143.16 Application of compensation cap of £18,188 Compensatory award after adjustments £18,188.00 Total £20,567.08