Mrs D Thomas v Singh Superstores Ltd: 1601721/2019
JUDGMENT
[1]It is the decision of the Employment Judge sitting alone that the claim of unfair dismissal is upheld.[2]The Claimant contributed to her dismissal and a deduction from basic and compensatory award of 50% is just and equitable.[3]The Respondent unreasonably failed to follow the ACAS Code of Practice on Disciplinary and an uplift of 10% is awarded on compensation. REMEDY[4]The Claimant’s claim for compensation is upheld as follows:a. Basic award £ 748.83b. Compensation award including loss statutory rights £3,195.91c. Total £3,944.74[5]Compensation is calculated as follows:[6]Basic award Number of qualifying weeks (6) x gross weekly pay (249.61) 1,497.66 Less contributory fault at 50% -748.83 Total basic award 748.83 Case No: 1601721/2019[7]Compensatory award to date of hearing (20 January 2020) Loss of net earnings Number of weeks (19) x net weekly pay (229.00) 4,351.00 Plus loss of statutory rights 350.00 Less 2 weeks payment in lieu of notice -458.00 Plus loss of pension 316.54 Total compensation 4,559.54[8]Compensatory award from hearing to expiry of GP Fit Note on 25 February 2020 Loss of future earnings Number of weeks (5.1) x net weekly pay (229.00) 1,167.90 Plus loss of pension 83.30 Total compensation 1,251.20[9]Adjustments to total compensatory award Plus failure to follow ACAS Code of Practice at 10% 581.07 Less contributory fault at 50% -3,195.90[10]Recoupment Prescribed period from 10/09/2019 to 20/01/2020 Total award £3,944.74 Prescribed element £1,946.50 Balance £1,998.24