Mr D Griffiths v A Powell and C Powell: 2400898/2024
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]The respondents 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 25 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.The respondents shall pay the claimant the following sums:(a) A basic award of £1286.00(b) A compensatory award of £3475.00 The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.[3]The complaint of unauthorised deductions from wages is well-founded. The respondents made an unauthorised deduction from the claimant's wages on 23 and 24 October 2023. The respondents shall pay the claimant £373.00, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[4]The complaint of breach of contract in relation to notice pay is well-founded. The respondents shall pay the claimant £1679.90 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Schedule – unfair dismissal Basic Award 2 weeks x £643.00 (capped) £1286.00 Compensatory Award Actual loss of earnings 25 October 2023 to 5 June 2024 £476.00 Future loss of earnings (difference in pay of £41 per week until April 2025) £1807.00 Loss of statutory rights £500.00 £2780.00 25% ACAS uplift £695.00 £3475.00