Mrs R H McLean v Coakley Opticians Ltd: 3309123/2024 and 3300611/2025
JUDGMENT
[1]The respondent’s name is changed, by consent, to Coakley Opticians Limited.[2]The complaint of unfair dismissal is well founded. The claimant was unfairly dismissed.[3]The tribunal makes no percentage deduction based on the likelihood the claimant would have been dismissed if the respondent followed a fair procedure.[4]An adjustment of 10% will be made under s207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to the compensation 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.[5]The claimant contributed by her conduct to her dismissal to the extent of 10%. The basic and compensatory award made by the Tribunal are reduced accordingly. 10.2 Judgment - rule 61 February Case No: 3309123/2024 & 3300611/2025[6]The respondent shall pay the claimant the following sums:(a) A basic award of £5,805.26.(b) A compensatory award of £4330.97 Total £10,136.23 Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied.[7]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply[8]The employer’s contract claim is dismissed because the Tribunal does not have jurisdiction to determine it. Approved by: