Mr K D’Ambrosio v Rotable Repairs Ltd: 3200507/2020

EMPLOYMENT TRIBUNALS

Case No 3200507/2020

Between

Mr K D’AmbrosioClaimant

Rotable Repairs LtdRespondent

Before

Employment Judge Gardiner

In person for claimant

Date 1 September 2020

JUDGMENT

[1]The Claimant’s claim for unfair dismissal is well founded and therefore succeeds.

[2]The Tribunal assesses that there was a 60% chance that the Claimant would have been dismissed had a fair process been followed.

[3]The dismissal was contributed to by the Claimant’s actions, and the compensation which is due to the Claimant is to be reduced by 50% in accordance with Sections 122(2) and 123(6) Employment Rights Act 1996, having regard to that finding.

[4]A Remedy Hearing will be held on 3 December 2020 by Cloud Video Platform with a time estimate of 1 day to determine the remedy that is due to the Claimant, including the extent to which any compensatory award should be adjusted under Section 207A Trade Union & Labour Relations (Consolidation) Act 1992 for failure to follow the ACAS Code of Conduct on Disciplinary and Grievance Procedures.

[5]By 9 October 2020, the Claimant is to send to the Respondent and to the Tribunal:a. An Updated Schedule of Loss reflecting the Tribunal’s findings; Case Number: 3200507/2020

b. A witness statement supporting the figures in the Updated Schedule of Loss;

c. Copies of any documents relied upon by the Claimant in support of his claim, in a paginated bundle.

[6]By 23 October 2020, the Respondent is to send to the Claimant and to the Tribunal:a. a Counter Schedule of Loss, setting out the figures that the Respondent contends should be awarded at the Remedy Hearing;

b. any supporting witness statements;

c. any documents relied upon by the Respondent in support of its Counter Schedule of Loss, in a paginated bundle. REMEDY JUDGMENT The judgment of the Tribunal is that:- 1. By way of unfair dismissal remedy, the Claimant is entitled to £11,047.80, made up of: a. A basic award of £4462.50, calculated as follows: i. £525 (cap on weekly pay) x 11 (years’ service aged 40 and under) x 1 ii. Plus £525 (cap on weekly pay) x 4 (years’ service aged 41 and over) x 1.5 iii. = £525 x 17 = £8925 iv. Reduction of 50% for contributory fault = £4462.50 (Section 122(2) Employment Rights Act 1996). b. A compensatory award of £6585.30, calculated as follows: i. £24950.81 net as pay would have received if retained in demoted role; Case Number: 3200507/2020 ii. £1197.93 as pension contributions would have received if retained in demoted role; iii. £2443 for the training costs incurred in retraining as a taxi driver; iv. £500 for loss of statutory rights; v. Sub-total = £28631.74; vi. Reduction of 60% for the chance of fair dismissal in any event (Polkey) (Section 123(1) ERA 1996) = £11,452.70; vii. Increase of 15% (Section 207A TULRCA 1992) = £13,170.60; viii. Reduction of 50% for contributory fault (Section 123(6) ERA 1996) = £6585.30. c. The amount of the prescribed element is £3292.95, being 50% of the compensatory award (Regulation 4(2) Employment Protection (Recoupment of Benefits) Regulations 1996).

d. The period to which the prescribed element relates is 13 November 2019 to 12 November 2020;