Miss D Tupou v Edwards Commercial Cleaning Services (North) Ltd: 1807197/2017
JUDGMENT
[1]The claimant made a qualifying protected disclosure in her email of 7 September 2017 addressed to Mr Dagys.[2]That email also fulfilled the requirements of the Employment Rights Act 1996 section 100(1)(c) – bringing to the respondent’s attention by reasonable means circumstances connected with the claimant’s work which she reasonably believed were harmful or potentially harmful to health and safety.[3]The reason or principal reason for the claimant’s dismissal was that disclosure with the result that the dismissal is automatically unfair under the provisions of the Employment Rights Act 1996 section 100 and section 103A.[4]The claimant has failed to fully mitigate her loss with the result that the compensation which I award reflects 26 weeks loss of pay at £113 per week (£2938).[5]The respondent unreasonably failed to comply with the ACAS Code on Disciplinary and Grievance Procedures with regard to the claimant’s appeal against dismissal. I find that it is just and equitable to increase the award to the claimant by 25% (£734.50). Case No:1807197/2017[6]Accordingly the total award of compensation which is payable by the respondent to the claimant forthwith is £3672.50.