Mrs T Meyer v Timand Ltd: 1805235/2019
JUDGMENT
The judgment of the Employment Tribunal is that: 1a) The Claimant was unfairly dismissed by the Respondent. b) By way of remedy upon the unfair dismissal claim: Basic Award i) The Respondent shall pay to the Claimant a basic award in the sum of £724.50. ii) It is just and equitable to reduce the basic award by 33% to reflect the Claimant’s conduct prior to the dismissal. Compensatory Award The Respondent shall pay to the Claimant a compensatory award made up of the figures at (i) and (ii) below: i) Four weeks’ past loss of earnings between 1 August 2019 and 28 August 2019 in the sum of £644.00. ii) Compensation for loss of the statutory right not to be unfairly dismissed in the sum of £161.00. iii) It is just and equitable to reduce the compensatory award by 33% to reflect the Claimant’s conduct causative of the dismissal. 10.2 Judgment - rule 61 March Case No: 1805235/2019[2]The Claimant’s claim for an award for a failure by the Respondent to provide a written statement of reasons for the dismissal stands dismissed.[3]The Claimant was wrongfully dismissed. The Respondent should pay to her the sum of £483.00 being an award equivalent to three weeks’ wages in compensation.[4]It is not just and equitable to make an award for failure to provide the Claimant with a statement of employment particulars additional to the amounts awarded in paragraphs 1 and 3 above.[5]It is not just and equitable to apply an uplift for failure to follow the ACAS Code of Practice 1: Discipline and Grievance Procedures (2015) upon the awards in paragraphs 1 and 3 above.[6]Summary The Claimant shall be paid the sum of £1019.66 on or before 11 February 2020 calculated as follows: a) Unfair Dismissal Basic Award £483.00 Compensatory Award £536.66 b) Wrongful Dismissal £483.00 £1502.66 Credit to be given as explained £483.00 in 6(c) below Judgment sum due £1019.66 c) (For the avoidance of doubt the sum payable by the Respondent is £1019.66 to avoid double recovery as the compensatory award for unfair dismissal and the wrongful dismissal award cover the same period of loss).