Mrs J How v Sweet Selections N & L Ltd: 2308651/2020
JUDGMENT
The unanimous decision of the Tribunal is as follows:[1]The claimant’s dismissal was unfair.[2]The dismissal was in breach of contract.[3]There was a failure to provide a statement of terms and conditions of employment, for which 2 weeks’ pay is awarded.[4]The claimant was not subject to a detriment under section 44(1)(d) Employment Rights Act 1996 (Health and Safety Cases)[5]The following award is made for unfair dismissal:a. Basic Award £7,017.42b. Compensatory Award £3,123.04c. 25% ACAS Uplift £2,535.12 Page 1 of 2 Case No. 2308651/2020 Sub-total £10,140.46 Total Award £12,675.58[6]A further award for failure to provide a statement of terms and conditions of employment was made, in the sum of £483.96.[7]Hence, the total award is £13,159.54[8]The respondent is also ordered to make a contribution to the claimant’s legal costs in the sum of £500.[9]NB:a. The 25% uplift for failure to comply with the ACAS Code of Practice was applied to both the Basic Award and Compensatory Award.b. The Compensatory Award comprises:• £250.00 loss of statutory rights, and• £2,873.04 notice pay.c. The sum of £2,873.04 represents the period of 12 weeks’ notice pay, to which the claimant was entitled, both for unfair dismissal and also wrongful dismissal/breach of contract.