Mrs J Hance v D and G Café Ltd: 6001277/2025
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 10 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[3]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 %.[4]It is just and equitable to reduce the basic award payable to the claimant by 10 % because of the claimant’s conduct before the dismissal.[5]The respondent shall pay the claimant the following sums:(a) A basic award of £6230.70.(b) A compensatory award of £1275.12. Note the basic award is the actual sum due to the claimant. The compensatory award is a gross amount. The claimant is responsible for payment of tax and national insurance due on the compensatory award.[6]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 £7505.82b. The prescribed element is £1275.12.c. The period of the prescribed element is from 15th October 2014 to 16th November 2024.d. The difference between(1) and(2) is £6230.70.