A Hallsworth v NAM Global Ltd: 3311780/2022
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]There is a 0% chance that the claimant would have been fairly dismissed in any event.[3]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.[4]The claimant caused or contributed to the dismissal by blameworthy conduct and it is just and equitable to reduce the compensatory award payable to the claimant by 10%.[5]The respondent shall pay the claimant the following sums:(a) A basic award of £12,000.(b) A compensatory award of £10,044. Note that these are the actual sums payable to the claimant after any deductions or uplifts have been applied. Notice Pay[6]The complaint of breach of contract in relation to notice pay is well-founded.[7]The respondent shall pay the claimant £4,800 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. Wages[8]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 18 May 2022 to 1 July 2022.[9]The respondent shall pay the claimant £2,560, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Holiday Pay[10]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998.[11]The respondent shall pay the claimant £280. The claimant is responsible for paying any tax or National Insurance.