Mr B Gregory v Mr P Howett T/a British Meat: 3306013/2024
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. This means the respondent unfairly dismissed the claimant.[2]In respect of the calculation of remedy, there is a 50% chance that the claimant would have been fairly dismissed if the respondent had followed a fair procedure in dismissing him (Polkey adjustment).[3]An adjustment 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.[4]It is just and equitable to reduce the basic and compensatory awards payable to the claimant by 50% because of the claimant’s conduct before the dismissal.[5]The respondent shall pay the claimant the following sums:(a) A basic award of £8,963.(b) A compensatory award of £1,059[6]The sums ordered are calculated gross as follows (compensation amounts are rounded to nearest pound):a. Basic award £17,926.50 Less adjustment for contribution = £8,963b. Compensatory award £3,850 Calculated as i. Expenses: commuting to new role @ £50 per week for 35 weeks £1,750 ii. Loss of paid holiday: 1 week @ £747 iii. Pension: difference in employer contribution of £56.37 a month for 2 years £1,353 Less Polkey adjustment = £1,925 Plus adjustment for failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 adjustment = £2,118 Less adjustment for contribution = £1,059 Approved by