Mrs J Makin v Masterpalm Properties: 2410456/2019
JUDGMENT
[1]The claimant was unfairly dismissed. Her claim succeeds.[2]The claimant was dismissed in breach of contract. She is entitled to compensation amounting to 9 weeks pay.[3]There was a failure by the respondent to complete a fair procedure and the compensatory award is uplifted by 15%.[4]The respondent is ordered to pay the claimant the sum of nine thousand one hundred and four pounds and seventy seven pence (£ 9104.77) calculated in accordance with Schedule A attached hereto.[5]The Recoupment Regulations apply and are dealt with in paragraph 5 of Schedule A attached hereto. SCHEDULE A Case numbered 2410456/2019 This Schedule is part of the Judgement in the above numbered case signed by Employment Judge Warren on 25 November 2019[1]The effective date of termination of the claimant’s employment was 7 May 2019. At that date the claimant was 54 years old and had 9 complete years’ service. She earned an average week’s pay of 195.50 gross and 188.49 net. She is entitled under ERA 1996 s.119 to a basic award of 9 x 1.5 x 195.50. The award is therefore £2639.25.[2]The compensatory award for unfair dismissal before adjustment is £4448.28 calculated as follows – loss of earnings from 3 July 2019 to 25 November 2019 – based on a net average weekly income (as agreed by the parties) of £188.49 - amounts to £4052.53. In addition the employer’s average pension contributions amount to £45.75, and loss of statutory protection amounts to £350.00, totalling £4448.28. There is then to be deducted 1 week’s wages in the claimant’s new employment at £188.49, and 2 weeks work she had as a cleaner £334.00, leaving a total compensatory award of £3925.79[3]The ACAS uplift in this case was awarded at 15% taking into account the following factors :- the failure to notify the claimant of the allegation she faced, the failure to invite her to an investigation meeting, the refusal to hold the disciplinary hearing on a date suitable to her union representative, the disciplinary hearing lasting just over 3 minutes, the claimant not being given any of the evidence against her in advance of either the disciplinary hearing or the appeal hearing to consider, it was considered that in this case it is just and equitable to increase the award by 15 %. The compensatory award so adjusted is £ 4514.65.[4]The total award of compensation for unfair dismissal is £7154.90, and we order the respondent to pay that sum to the claimant.[5]For the purposes of the Recoupment Regulations the prescribed period is 3.7.2019 to 25.11.2019, the total monetary award is £9104.77, the amount of the award which relates to that period is £ 4052.53, and the balance of the award in excess of that amount is £5052.24. Compensatory award for Breach of contract[6]The claimant was dismissed in breach of contract. Her loss as a result of that breach was her net pay of £ 188.49 per week for 9 weeks, a net sum of £1696.41. For the reasons given above, that amount is increased by 15 %. The amount so adjusted is £1950.87, and the respondent is ordered to pay to the claimant compensation in that amount.