M Elnaem v Serco Ltd: 2403227/2024
JUDGMENT
[1]The claimant was unfairly dismissed.[2]There is an 80% chance that the claimant would have been fairly dismissed in any event.[3]The respondent 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.[4]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 75%.[5]It is just and equitable to reduce the basic award payable to the claimant by 75% because of the claimant’s conduct before the dismissal.[6]The respondent shall p ay the claimant the following sums:a. A basic award of £496.71b. A compensatory award of £1,798.97 Note: these are the actual sums payable to the claimant after the deductions and uplifts have been applied.[7]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. a. The total monetary award £2,295.68b. The prescribed element is £1,798.97c. The period of the prescribed element is from 26/1/2024 to 13/2/26.d. The difference between(1) and(2) is £496.71 _______R Mellor