Mr R Cooke v Seven Resourcing Ltd: 3305627/2024
JUDGMENT
By consent, 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 £12,538.50.(b) A compensatory award of £60,000. Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied. Case Number: 3305627/2024 Wages[4]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period November 2023 to January 2024.[5]The respondent shall pay the claimant £87,473.64, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. That figure is compromised of:2.1.1 Bonus Payments: £87,179.222.1.2 Car Allowance Deduction: £294.42. Wrongful dismissal[6]The complaint of breach of contract in relation to notice pay is well-founded.[7]The respondent shall pay the claimant £19,107.30 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. Costs[8]The parties have reached agreement on the issues of costs.[9]The respondent agrees to pay the claimant £50,000 in costs pursuant to Rule 76(1)(d) of the Employment Tribunal Procedure Rules 2024. Payment[10]All damages and costs awarded in this Judgment must be paid to the claimant within 28 days. Approved by: