Mr A Pollock v Transun Travel Ltd: 3323568/2016
JUDGMENT
[1]The claimant was unfairly dismissed.[2]There was 100% chance that the claimant’s dismissal would have occurred by 7 April 2016.[3]It is just and equitable to make a 50% deduction from compensation by reason of his conduct.[4]The claim for wrongful dismissal is dismissed.[5]It is just and equitable that there should be an uplift applied to the compensation awarded of 25% for unreasonable failures on the part of the respondent to comply with the ACAS Code of Conduct.[6]The respondent shall pay to the claimant compensation for unfair dismissal in the sum of £3,373.08 calculated as follows: Basic award: Calculated with reference to maximum weekly sum of £479.00. The claimant has four years’ continuous service and because of his age, the multiplicand is 1.5 making a basic award £2,874.00 Loss of statutory rights £350.00 4 weeks’ wages from ETD to 7.4.16 @ £543.23 £2,172.92 Total award of compensation for unfair dismissal £5,396.92 £5,396.92 Page 1 of 2 Case Number: 3323568/2016 Reduced by 50% to take account of contributory conduct and then increased by X 0.75 25% because of failure to comply with the ACAS Code of Conduct Final award £3,373.08 The recoupment provisions do not apply because the claimant was not in receipt of Jobseeker’s Allowance during the period covered by the compensatory award[7]The respondent is to pay to the claimant costs in the sum of £1,200 in respect of tribunal fees.