Mr B Lowton v FFH Admin Ltd: 6007306/2024
JUDGMENT
[1]The complaint of breach of contract in relation to notice pay is well-founded. The respondent shall pay the claimant £2,692.28 in respect of four weeks’ pay as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[2]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[3]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 section 207A Trade Union & Labour Relations (Consolidation) Act 1992.[4]The respondent shall pay the claimant the following sums for unfair dismissal:a. A basic award of £2,019.21;b. A compensatory award of £5,301.13 Note that these are the actual sums payable to the claimant after any deductions or uplifts have been applied.[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. The total monetary award (i.e. compensatory award plus basic award) payable to the claimant for unfair dismissal is £7,320.34;b. The prescribed element is £4,319.00;c. The period of the prescribed element is from 29 May 2024 to 24 March 2025;d. The difference between a. and b. is £3,001.34. I determined that:[6]The complaint of unauthorized deductions from wages is not well-founded. The respondent did not make unauthorized deductions from the claimant’s wages and that complaint is dismissed.