Miss S Owen v Precious Thoughts Cards and Gifts Ltd: 3200667/2020
JUDGMENT
[3]the effective date of termination was 31 January 2020;[4]the Claimant did not commit an act of gross misconduct before her dismissal;[5]the Claimant did, however, contribute to her dismissal by her own blameworthy conduct, to the extent of 40%;[6]the Respondent’s argument that the Claimant would have been fairly dismissed in any event (Polkey) does not succeed;[7]the Respondent unreasonably failed to comply with the ACAS Code of Practice, and it is just and equitable to increase the compensatory award by 25%; Case Number: 3200667/2020 (V)[8]the Respondent failed to provide written particulars of employment, contrary to s.1 Employment Rights Act 1996;[9]the Claimant’s claim for accrued, but untaken, holiday pay is not well- founded and is dismissed;[10]there will be a separate remedy hearing to decide how much compensation the Claimant will be awarded. REMEDY JUDGMENT The Tribunal’s judgment on remedy is as follows:[1]the Claimant is entitled toa. a compensatory award (unfair dismissal) of £3919.57;b. a basic award (unfair dismissal) of £314.28; andc. compensation for wrongful dismissal (notice pay) of £523.80;d. an award for failure to provide written particulars of employment of £523.80.[2]The Respondent is ordered to pay to the Claimant the total sum of £5281.45.