Mr M Kershaw v First Choice Homes Oldham Ltd: 6000383/2025
JUDGMENT
[1]The complaint of unfair dismissal pursuant to section 94 of the Employment Rights Act 1996 is well-founded. The Claimant was unfairly dismissed.[2]The complaint of breach of contract in relation to notice pay is well-founded.[3]The compensation owed to the Claimant for unfair dismissal shall be subject to a 10% uplift on the compensatory award pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 because the Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015.[4]There shall be a reduction on the amount of the compensatory award of 25% on the grounds of contributory fault.[5]There shall be no Polkey reduction on the amount of the compensatory award.[6]The respondent is ordered to pay the total sum of £66,540.51. This sum is calculated as follows: Basic award: £18,500 Loss of Statutory Rights: £500 Breach of contract: £5,223.51 Compensatory award: £35,652.56 Comprised of: Loss of earnings to November 2025: £27,824 Loss of earnings from November 2025 for 9 months: £1,997.37 Pension lump sum: £7,500 Pension monthly loss to November 2025: £5,893.85 Total: £43,215.22 Less 25% for contributory conduct: £32,411.42 Add 10% ACAS uplift gives a total compensatory award of £35,652.56 Total award is £59,925.97 before grossing up The grossed up figure for 20% tax on £11,657.78 is £14,572.22. The grossed up figure for 40% tax on £18,268.19 is £30,446.98. Adding the tax free £30,000 this gives a total grossed up award of £75,019.20. The amount of compensation awarded is limited to £66,540.51.[7]The Employment Protection (Recoupment of Benefit) Regulations 1996 apply to this award. The claimant received benefits from the Department of Work and Pensions during the period of unemployment from October 2024 to November 2025 (the prescribed period) and 1996 Regulations provide for recoupment of those benefits, calculated as the prescribed element, from any Tribunal award for unfair dismissal. The respondent must withhold the prescribed element in order for the recoupment exercise to take place.[8]The prescribed element is £22,954.80 attributable to October 2024 to November 2025.[9]The balance to be paid by the respondent to the claimant, pending recoupment of benefit, is £43,585.71. The respondent must pay any balance of the prescribed element to the claimant after recoupment of benefits.