Mrs J Hoyle v Masterpalm Properties Ltd: 2412866/2023
JUDGMENT
[1]The complaint of unfair dismissal is well-founded and succeeds. This means that the Respondent unfairly dismissed the Claimant.[2]The Respondent is ordered to pay to the Claimant compensation for unfair dismissal in the sum of £8,013.89 comprising of:(1) a basic award in the sum of £693.00 (on the basis that the conduct of the Claimant before the dismissal was such that it would be just and equitable to reduce the sum calculated of £924.00 by 25%);(2) a compensatory award in the sum of £7,320.89 consisting of a prescribed element (loss of earnings in respect of the period from 31 July 2023 to 15 February 2024) of £6,752.14, and a non-prescribed element (loss of statutory rights and pension loss) of £568.75, with these sums having been adjusted from the sums calculated of £7,828.57 (for the prescribed element) and £659.42 (for the non-prescribed element) on the basis of being (in the order set out below): (a) subject to an increase of 15% by reason of the Respondent’s failure to comply with the ACAS Code of Practice on disciplinary procedures; and (b) subject to a reduction of 25% as being just and equitable in respect of the dismissal having been caused or contributed to by any action of the Claimant[3]The complaint of discrimination arising from disability is not well-founded and is dismissed.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply, for which purposes the following information is provided: - 1 -(1) the total monetary award (the compensatory award plus basic award) payable to the Claimant for unfair dismissal is £8,013.89;(2) The prescribed element is £6,752.14;(3) the period of the prescribed element is from 31 July 2023 to 24 September 2025;(4) The difference between (1) and (2) is £1,261.78. Approved by