Mrs E Whymark v CHC Accountancy Ltd T/a Clemence Hoar Cummings: 3205514/2022 and others
JUDGMENT
[1]The complaint in respect of holiday pay is not well-founded and is dismissed.[2]The complaint of breach of contract in relation to notice pay is well-founded.[3]The Respondent shall pay the Claimant £2,287.02 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the Claimant will have to pay tax on it as Post Employment Notice Pay.[4]The complaint of unfair dismissal is well-founded. The Claimant was unfairly dismissed.[5]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 15% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[6]The Respondent shall pay the Claimant the following sums:a. a basic award of £3,430.53; andb. a compensatory award of £1,371.03. Case Numbers: 3205514/2022 3200229/2023 & 3200325/2023[7]Note that these are actual the sums payable to the Claimant after any deductions or uplifts have been applied.