Ms Zukauskiene v Sofina Foods Ltd and Karro Food Group Ltd: 6002481/2023
JUDGMENT
[1]The claimant was employed by the second respondent.[2]It is not in the interests of justice that the first respondent be dismissed from the proceedings.[3]BY CONSENT the claimant was summarily dismissed from her employment on 8 August 2023.[4]The claimant had a reasonable belief and that it was in the public interest to make disclosures about:4.1 Staff handling bacon without wearing gloves.4.2 Staff violating the respondents’ dress code.[5]The claimant did make disclosures to the second respondent about the matters in paragraphs4.1 and4.2 prior to her dismissal and which qualify for protection under section 43B of the Employment Rights Act 1996.[6]The claimant’s complaint brought under section 103A of the 1996 Act that the reason or the principal reason for her dismissal was the matter in paragraph 5 fails and stands dismissed.[7]The complaint of unfair dismissal brought under sections 94-98 of the 1996 Act is well-founded. The claimant was unfairly dismissed.[8]The claimant would have been fairly dismissed in any event with an effective date of termination 25 September 2023.[9]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 15% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[10]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 75%.[11]It is just and equitable to reduce the basic award payable to the claimant by 75% because of the claimant’s conduct before the dismissal.[12]The respondent shall pay the claimant the following sums:(a) A basic award of £968.31.(b) A compensatory award of £918.53. Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied.[13]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. Date: 26 June 2025. 18 July 2025 For the Tribunal: Note - Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.