Miss F Barker v Valley Supported Living: 2405384/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant’s claim that she was unfairly dismissed for making a protected disclosure succeeds.[2]The claimant’s claim for wrongful dismissal succeeds.[3]The claimant’s claim for unlawful deduction from wages succeeds.[4]The claimant’s claim for public interest disclosure detriment succeeds on the basis identified at the case management hearing on 13 December 2017.[5]The claimant’s claim will proceed to a remedy hearing before an Employment Judge sitting alone at 9.45 for 10.00am on 12 January 2018 at Manchester Employment Tribunal, Alexandra House 14-22 The Parsonage, Manchester, M3 2JA. Employment Judge Ross Date: 13 December 2017[1]The respondent is ordered to pay the claimant the gross sum of £285.75 unlawfully deducted from her pay.[2]The respondent is ordered to pay damages to the claimant in the sum of £4533.12 equivalent to net pay for her notice period of two months, uplifted by 10% because of an unreasonable failure to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, so that the amount payable is £4,986.43.[3]The respondent is ordered to pay to the claimant the sum of £7,000.00 as compensation for injury to feelings resulting from detriment in employment on the ground of a protected disclosure. Case No: 2405384/2017[4]The respondent is ordered to pay to the claimant compensation for unfair dismissal calculated as follows: Basic Award £2,934.00 Compensatory Award Past losses £7,666.17 Loss of statutory rights £ 500.00 Future Losses £8,228.48 10% ACAS Uplift £1,639.47 Total £20,968.12 The recoupment regulations do not apply.[6]The total amount payable by the respondent to the claimant under this judgment is Unpaid wages £ 285.75 Notice Pay £4,986.43 Protected Disclosure Detriment £7,000.00 Unfair Dismissal £20,968.12 Total £33,240.30