Mr P Haspell v Rowleys of Northwich Ltd: 2408160/2021
JUDGMENT
[1]The claimant was unfairly dismissed.[2]The respondent is ordered to pay the claimant: 2.1. A basic award of £1,836.00; and 2.2. A compensatory award of £762.44.[3]The basic award reflects the tribunal’s finding that it is just and equitable to reduce it by 75% on the ground of the claimant’s conduct prior to dismissal.[4]The compensatory award reflects the tribunal’s findings that, had the respondent acted fairly, 4.1. The claimant would have been suspended on full pay until 6 April 2021; 4.2. The claimant would inevitably have been dismissed on 6 April 2021; 4.3. There is a 25% chance that the dismissal would have been with notice; and 4.4. There is a corresponding 75% chance that the dismissal would have been without notice.[5]It is not just and equitable to make any further reduction to the compensatory award on the ground of contributory conduct.[6]The tribunal is satisfied of the matters set out in regulation 4(8) of the Employment Protection (Recoupment of Benefits) Regulations 1996 and accordingly the requirements of paragraphs (3) to (7) of that regulation do not apply. (This means that the judgment sum is not subject to recoupment of welfare benefits.)