Ms J F O Ogundeji v Maya Residential London Ltd T/a Anisten Homes: 3201424/2023
JUDGMENT
The judgment of the Tribunal is as follows: Unfair Dismissal[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 25 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[3]The respondent shall pay the claimant the following sums:(a) A basic award of £1209.(b) A compensatory award of £25,694.00. Case Number: 3201424/2023 Failure to provide a written statement of employment particulars[4]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £1,426.00. Wrongful dismissal /Notice Pay[5]The complaint of breach of contract in relation to notice pay is wellfounded.[6]Given the compensatory award made in respect of the same period no separate award is made.REASONS
There is no reasonable prospect of the original decision being varied or revoked, because:(i) The Respondent’s contention that the claim is out of time and the Tribunal lacks jurisdiction is erroneous. The Tribunal found that the effective date of termination was 1 October 2021 (confirmed in the Respondent’s termination letter dated 5 October 2021).(ii) The Respondent failed to enter a response to the claim despite being given ample opportunity to do so. The Respondent was allowed to participate in the hearing to the extent permitted by the Judge.