L McGann v Sarah Louise Aesthetics Ltd: 2407434/2023
JUDGMENT
[1]The complaint of breach of contract in relation to notice pay is well-founded.[2]The respondent shall pay the claimant £1360 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.[3]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[4]The Tribunal does not reduce the award under the principle in Polkey v AE Dayton Services Ltd.[5]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.[6]The claimant did not cause or contribute to the dismissal by blameworthy conduct.[7]The respondent shall pay the claimant the following sums:(a) A basic award of £2040(b) A compensatory award of £16 394 (These are actual the sums payable to the claimant after any deductions or uplifts have been applied).[8]The Claimant was not in receipt of any state benefits at the material time. The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.