Ms T Ireland v Honest Gill’s Catering Company Ltd: 6000051/2024
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]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.[3]The respondent shall pay the claimant the following sums:(a) A basic award of £352.(b) A compensatory award of £2,857. Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied. Case number: 6000051/2024[4]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £352[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. The total monetary award (i.e. the compensatory award plus basic award) payable to the claimant for unfair dismissal is £3,911.50b. The prescribed element is £1,936.c. The period of the prescribed element is from [start date to remedy hearing date].d. The period of the prescribed element is from 2 December 2023 – 11 March 2025.e. The difference between(1) and(2) is £1975.50[6]The complaint of direct disability discrimination is not well-founded and is dismissed. Approved by