Ms L Foley v Post Mill Garage (Wymondham) Ltd: 3302318/2023
JUDGMENT
[1]The complaint of unfair dismissal is well founded. This means the Respondent unfairly dismissed the Claimant.[2]The Respondent unreasonably failed to comply with the ACAS Code of Practice in relation to disciplinary and grievance and consequently the award due to be paid to the Claimant is uplifted by 25%.[3]The complaint for breach of contract in relation to a failure to pay notice pay is well founded.[4]The Respondent is ordered to pay compensation to the Claimant in accordance with the Schedule below.[5]The Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations apply, and for those purposes:a. The monetary award is £3,941.50;b. The amount of the prescribed element is £1,425.00 (being immediate loss of earnings payable as part of the compensatory award and which must be held until the question of recoupment has been resolved);c. The prescribed period runs from 23 November 2022 (the effective date of termination) until 5 September 2023 (date of remedy hearing); andd. The amount by which the monetary award exceeds the prescribed element is £2,516.50 (following the reservation of the prescribed element and payable to the Claimant immediately). Schedule[1]The Respondent must pay the Claimant the following awards:a. Basic award: £1,976.00;b. Compensatory award: £1,737.50*.c. Balance of statutory notice pay: £228.00[2]Consequently, the respondent must pay to the Claimant the grand total of £3,941.50. 3. *Explanation of compensatory award:a. £1,140.00 in respect of lost earnings to 16th January 2023;b. £250.00 in respect of lost statutory rights;c. PLUS an uplift of 25% following the Respondents’ unreasonable failure to follow ACAS Code of Practice.