Mr A Hussain v Greencore Prepared Meals Ltd: 1800993/2017
JUDGMENT
It is the unanimous Judgment of the Tribunal that:[1]The claim of unfair dismissal succeeds but that compensation be reduced by 75% (Polkey) and uplifted by 15% for breaching the ACAS Code.[2]The Tribunal awards the claimant the sum of £12,326.36 in compensation for unfair dismissal and the respondent is ordered to pay that sum. That sum is calculated as follows:2.1 Basic Award (agreed) at £8,231.162.2 Loss to date of hearing 41 weeks, less 12 weeks notice and 10 weeks reduction for failing to mitigate 19 weeks at £317.92 £6,040.482.3 Loss of statutory rights £ 500.002.4 Expenses for looking for work £ 200.002.5 Future Loss – 26 weeks at £317.92 £7,503.66 Total Compensation £14,244.16 Less 75% (Polkey) £3,561.04 Plus 15% increase £4,095.20 Grand Total £12,326.36 Case Number: 1800993/2017[3]The claim of breach of contract succeeds and is upheld.[4]The Tribunal orders the respondent to pay the claimant the sum of £3,815.04 as compensation for breach of contract.[5]By a majority the claim of harassment related to race fails and is dismissed.[6]It is the unanimous decision by the Tribunal that all other claims fail and are dismissed.