Mrs P Skeer v Northwest One to One Care Ltd: 2402815/2021
JUDGMENT
[1]The respondent being aware of the claimant’s claim failed to enter a response or to attend the hearing of the claim. Therefore, a default judgment is made in accordance with Rule 21(2) of The Employment Tribunal Rules of Procedure.[2]It is the judgment of the Tribunal that the claimant’s claim of unfair dismissal is well founded and succeeds.[3]A judgment on remedy will be made at a hearing on a day to be decided. Judge Cowx 15 July 2022[1]The complaint of unfair dismissal under Part X Employment Rights Act 1996 is well-founded. The claimant was unfairly dismissed. The respondent is ordered to pay the claimant the following:(a) A basic award in the sum of £6,732.00.(b) A compensatory award in the sum of £7,405.20. This award includes an uplift of 10% pursuant to section 207A Trade Union & Labour Relations Labour Relations (Consolidation) Act 1992 because the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015.[2]The recoupment regulations apply. The total monetary award for unfair dismissal is £14,137.20, being the total of the basic and compensatory awards. The prescribed element is £7,405.20, and the period to which that element is attributable is from 13 December 2020 to 22 April 2021 inclusive. The amount by which the monetary award for unfair dismissal exceeds the prescribed element is £6,732.00.[3]The complaint of breach of contract in relation to notice pay is well-founded. The respondent is ordered to pay the claimant the sum of £4,980.00 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will be taxed upon it as Post Employment Notice Pay. Judge Cowx 23 January 2023