Mrs P Mohsenvand v Abbey Ravenscroft Park Nursing Home: 3306232/2024
JUDGMENT
[1]The complaint of unfair dismissal under Part X Employment Rights Act 1996 is well-founded. The claimant was unfairly dismissed.[2]In respect of the calculation of remedy for unfair dismissal:a. It is unlikely that the respondent would have dismissed the claimant in any event, so I do not make a Polkey deduction.b. No uplift will be made under section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to the compensatory award for unfair dismissal with regards to 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 her conduct by 50%. Both the basic and compensatory award will therefore be reduced accordingly.[3]The complaint of breach of contract in relation to notice pay is well-founded and is awarded for four weeks.[4]The Tribunal will decide the quantum at a remedy hearing on 8 July 2025. Case No: 3306232/2024 Approved by:[1]In respect of the judgment that the complaint of breach of contract in relation to notice pay was well-founded, and awarded for four weeks, the respondent is ordered to pay the claimant the sum of £1,752 as damages for breach of contract. This figure has been calculated using gross weekly pay of £438 to reflect the likelihood that the claimant will be taxed upon it as Post Employment Notice Pay. Unfair dismissal[2]In respect of the judgment that the claimant was unfairly dismissed, the respondent is ordered to pay the claimant the following:(a) A basic award in the gross sum of £1,353. This is calculated by gross weekly pay of £438 plus £13 pension contribution, which is £451, multiplied by 6 (the multiplier is based on the claimant’s age of 66 years old and four year’s service with the respondent), and then reduced by 50% by reason of contributory fault on the part of the claimant under section 122(2).(b) A compensatory award in the gross sum of £13,910. This is calculated as £500 statutory loss plus £27,319 for loss of earnings (£424 net weekly pay x 67 weeks, minus £1,089 for other monies Case No: 3306232/2024 earnt during 2024-2025) reduced by 50% by reason of contributory fault on the part of the claimant under section 123(6).[3]The respondent is therefore ordered to pay the claimant the total gross sum of £17,015.[4]The recoupment regulations do not apply. Approved by: