Mr S Whitmer v The Natural History Museum: 2211532/2023
JUDGMENT
The judgment of the Tribunal is as follows: Unfair Dismissal:[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 20% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[3]The respondent shall pay the claimant the following sums:3.1 A basic award of £4,282.50, and3.2 A compensatory award of £10,021.84, comprising of: i. Loss of statutory right £500 ii. Agreed net pay for 11 weeks £7,060.90 iii. Loss of pension contributions for 11 weeks £790.63 Total: £8,351.53 Plus 20% ACAS uplift on that sum: £1,670.31 Holiday Pay:[4]The complaint in respect of holiday pay is well-founded.[5]The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended and is ordered to pay to the claimant £815.43 (gross) in respect to the amount deducted. The claimant is responsible for paying any tax or National Insurance due.