Miss K Wright v Kumsal Kebab Ltd: 6001200/2024
JUDGMENT
UPON the respondent failing to attend the hearing, submit a witness statement, or documents to support its response AND UPON the Tribunal staff calling the respondent on the morning of the hearing at 10:20am and leaving an answerphone message requiring the respondent’s attendance by 10:30am AND FURTHER UPON the respondent failing to attend by 10:32am The Response is struck out pursuant to Rule 47[2]The claimant’s claim for unfair dismissal is well founded and succeeds[3]The respondent failed to comply with the ACAS code of conduct and it is just and equitable, having regard to the default and the respondent’s size and resources to apply an uplift of 10%.[4]The Respondent is therefore ordered to pay the claimant the sum of £11,175.84, calculated as detailed in Schedule 1 below.[5]The recoupment provisions do not apply (pursuant to section 8(2)(b)(ii) of the The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996); the claimant’s receipt of universal credit persisted at a consistent value both before and after the dismissal. Case Number: 6001200/2024 SCHEDULE 1 Basic Award: 2 x £171.60 = £343.20 Loss of Statutory Protection £300.00[3]Compensatory award(a) 11 November 2023 – 31 March 2024 £10.18 /hr x 15 x 20 weeks £3054.00(b) 1 April 2024 – 10 December 2024 £11.44 /hr x 15 x 38 £6520.80[4]ACAS Uplift (10%) (Compensatory award only) 9574.80 x 10% £957.48 TOTAL £11,175.84