Mrs T Colley v Abp Wellcare Northolt Ltd: 6008416/2024
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 20 % in accordance with s. 207A Trade Union & Labour Relations (Consolidation) Act 1992. 3.The respondent shall pay the claimant the following sums:(a) A basic award of £9094.80.(b) A compensatory award of £17846.40. Note that these are the actual sums payable to the claimant after any deductions or uplifts have been applied. 4.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 £26,941.20.b. The prescribed element is £17,002.44.c. The period of the prescribed element is from 17 May 2024 to 30 May 2025.d. The difference between (a) and (b) is £9938.76.[5]The total monetary award differs from the amount I stated at the hearing because I have decided the whole compensatory award is subject to the statutory cap. The compensatory award comprises: Loss of net earnings from the date of dismissal to 17 September 2025 (16 x £1364.51) £21,832.16 Loss of pension from the date of dismissal to 17 September 2025 (16 x £30.74) £491.84 Loss of statutory rights £700 Total £23,024 Deduct PILON of £4118.40 Total £18,905.60 ACAS uplift of 20% on total £3781.12 Total including ACAS uplift £22,686.72 Application of the statutory cap of £17,846.40 (12 months gross earnings) Approved by: