Mrs S Mannion v Redbridge Associates Ltd (T/a Smart Dental Care): 2400497/2024
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]It is just and equitable to reduce the basic award payable to the claimant by 50% because of the claimant’s conduct before the dismissal.[3]The claimant caused or contributed to the dismissal by blameworthy conduct, and it is just and equitable to reduce the compensatory award payable to the claimant by 50%.[4]The respondent shall pay the claimant the following sums:(a) A basic award of £5876.06(b) A compensatory award of £42.74. Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied. The recoupment Regulations do not apply Schedule Findings of Fact The claimant was 56 at the date of dismissal. Her weekly gross pay was £427.35 (12.21 x 35 hours) The multiplier for the purposes of the calculation of the basic award is 27.5. The claimant was paid 12 weeks’ pay in lieu of notice and commenced a new role on 15 September 2023. She earned more per week net that in her role with the respondent and has no losses. She receives one day’s fewer holiday per year than when she worked with the respondent. There is no uplift or reduction for a failure to comply with the ACAS Code of Practice. The basis award is calculated as follows: £427.35 x 27.5 £11,752.13 Less reduction of 50% contributary conduct £5,876.06 Amount due £5,876.06 The compensatory award is calculated as follows: One day’s holiday 12.21 x 7 hours £85.47 Less reduction of 50% contributory conduct £42.74 Amount due £42.74 Approved by: