Ms R Clark v T Jegajeevan: 3305299/2023
JUDGMENT
[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 £1142.(b) A compensatory award of £12,961.81. This includes an uplift of 25% in the sum of £2,592.36 for non-compliance with the ACAS code.[4]The total award for unfair dismissal is £14,103.81. This is the actual sum payable to the claimant after any deductions have been applied. 10.2 Judgment - rule 61 February Case No: 3305299/2023[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. Breach of contract/Notice pay[6]The complaint of breach of contract in relation to notice pay is wellfounded.[7]No separate financial award is made beyond the compensatory award that has already been made. Unauthorised deduction of wages[8]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages of £7,696.84 in the period 1 August 2022 to 3 January 2023, which is the gross sum deducted.[9]There is an ACAS uplift of 10% because 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 award payable to the claimant by 10% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. .[10]The respondent shall pay the claimant a total award for unauthorised deductions, including the ACAS uplift of £8,466.52. The claimant is responsible for the payment of any tax or National Insurance.