B Mercer v F W Marsh Electrical and Mechanical Ltd: 6002245/2024

EMPLOYMENT TRIBUNALS

Case No 6002245/2024

Between

B MercerClaimant

F W Marsh Electrical and Mechanical LtdRespondent

Before

Employment Judge David C. Gardner

In person for claimant

Date 24 January 2025

JUDGMENT

[1]The Claimant’s complaint that he was unfairly dismissed by the respondent is well-founded.

[2]A fair disciplinary process would inevitably have resulted in the claimant’s dismissal and it is just and equitable to reduce the compensatory award by 100% in consequence.

[3]The respondent failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures in respect of the Claimant’s dismissal. The appropriate increase to compensatory award is 10% pursuant to section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”).

[4]The Claimant’s dismissal was entirely caused or contributed to by his own culpable actions and it is just and equitable to reduce the basic and compensatory awards by 100% in accordance with sections 122(2) and 123(6) respectively of the Employment Rights Act 1996 (“the 1996 Act”).

[5]The basic and compensatory having been so reduced, the Respondent is not ordered to pay any monetary award. Case No: 6002245/2024