Mrs N Kilby v Conquest Care Homes (Peterborough) Ltd: 3310633/2023
JUDGMENT
[1]The Claimant’s complaint of unfair dismissal succeeds. The Claimant was unfairly dismissed by the Respondent.[2]The Claimant’s complaints that she was discriminated against because of the protected characteristic of disability are not well founded and are dismissed.[3]But for her unfair dismissal, the Tribunal determines that there was a 60% chance that the Claimant would have been dismissed by the Respondent in any event by 20 April 2023.[4]Pursuant to s.122(2) of the Employment Rights Act 1996 the Tribunal considers that it would be just and equitable to make a 60% reduction to the basic award for unfair dismissal to reflect the conduct of the Claimant before notice of termination of employment was issued to her.[5]The Tribunal makes no further reduction to the compensatory award pursuant to s.123(6) of the Employment Rights Act 1996. Case Number: 3310633/23. Approved by: