Mr Dobinson v Mid-Herts Golf Club Ltd: 3301951/2024
JUDGMENT
[1]The complaint of constructive unfair dismissal under Part X Employment Rights Act 1996 is well-founded and succeeds.[2]In respect of the calculation of remedy for unfair dismissal:a. It is possible that the claimant could have been fairly dismissed if the respondent had followed a fair procedure in dismissing him. I thereby reduce the compensatory award by 10%.b. An uplift of 10% will be made under section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to the compensatory award for unfair dismissal for the respondent’s failure to follow the requirements of the ACAS Code of Practice on Disciplinary and Grievance Procedures in respect of the claimant’s dismissal.c. The claimant contributed by his conduct to his dismissal by failing to initiate a formal grievance in writing, and failing to allow the disciplinary procedure to run its course. I therefore make a reduction of 10% to the basic and compensatory award. Case No: 3301951/2024 2