Ms Dusunceli v Axl Hair Ltd T/a Alexander Hair Salon: 6003553/2024
JUDGMENT
The unanimous Judgment of the Tribunal on liability is that:[1]The date of dismissal was 18 March 2024.[2]The Claimant was wrongfully dismissal and is entitled to notice pay. This complaint succeeds.[3]The Claimant was unfairly dismissed. This complaint succeeds.[4]The Claimant was not discriminated against because of her sex. This complaint does not succeed. The unanimous Judgment of the Tribunal on remedy is:[5]Had a fair procedure been conducted, the Claimant would have left or been dismissed by 30 June 2024 due to a deterioration in the relationship between the Claimant and the Respondent.[6]The Claimant contributed to her dismissal by 70%, and this sum is to be deducted from the unfair dismissal basic and compensatory awards.[7]There has been a failure by the Respondent to comply with the ACAS Code. The complaints of wrongful dismissal and unfair dismissal to receive a 20% uplift.[8]The Claimant has mitigated her losses between 19 March 2024 to 30 June 2024. Accordingly the Claimant is to receive the following compensation:[9]Three weeks’ outstanding notice pay of £461.53 amounting to £1384.59. This to be uplifted by 20% (£276.92) for breach of the ACAS Code. The Respondent is ORDERED to pay the Claimant £1661.51 net1.[10]A basic award for unfair dismissal of £2778.45 (5 weeks x £555.69). This to be reduced by 70% due to the Claimant’s contributory conduct. The Respondent is ORDERED to pay the Claimant £833.54.[11]A compensatory award for unfair dismissal of £4017.24 (loss of earnings of 8 weeks x £461.53 minus £75 earnings plus £400 loss of statutory rights). This to be uplifted by 20% (£803.45) for breach of the ACAS Code and reduced by 70% due to the Claimant’s contributory conduct. The Respondent is ORDERED to pay the Claimant £1446.21, subject to the recoupment provisions as set out below.[12]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 £2,279.75.b. The prescribed element (universal credit) is £302.70.c. The period of the prescribed element is from 22 April 2024 to 30 June 2024.d. The difference between(1) and(2) is £1977.05. 1 This is a corrected amount since the oral judgment did not include the ACAS uplift. This judgment has been approved by: