Mrs A Robb v Hollow Oak Nursing Home Ltd: 2402773/2017

EMPLOYMENT TRIBUNALS

Case No 2402773/2017

Between

Mrs A RobbClaimant

Hollow Oak Nursing Home LtdRespondent

Before

Employment Judge Tom Ryan

In person for claimant

Mr S Walker (instructed by Solicitor) for respondent

Date 20 December 2017

JUDGMENT

[1]The claimant's complaint of unfair dismissal by reason of having made a protected disclosure is not well-founded and is dismissed.

[2]The complaint of unfair dismissal contrary to section 98 of the Employment Rights Act 1996 is well-founded.

[3]The respondent is ordered to pay compensation to the claimant in respect of the complaint of unfair dismissal, calculated as follows: Basic award £252.00 (gross weekly pay) x 2 weeks x 1.5 £756.00 Less - 50% for contributory conduct - 378.00 £378.00 Compensatory award £232.60 (net weekly pay) x 3 weeks 697.80 Loss of statutory rights 350.00 1,047.80 Less - 50% for contributory conduct -523.90 £523.90 Total award for unfair dismissal £901.90

[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply to this award. The tribunal is satisfied that the claimant neither claimed nor received any relevant benefits.

[5]The respondent was in breach of its obligation under Part 1 of the Employment Rights Act 1996 to provide the claimant with a statement of particulars of employment. Pursuant to section 38 of the Employment Act 2002 the respondent is ordered to pay the claimant 2 weeks’ pay in the sum of £504.00.

[6]The respondent is ordered to pay the claimant the aggregate of the sums awarded by this judgment, amounting to £1,405.90, on or before 2 January 2018.