Mr M Aslam v John Lewis plc: 6009627/2025
JUDGMENT
[1]The Claimant was unfairly dismissed contrary to Section 98(4) Employment Rights Act 1996.[2]A reduction of 25% shall be made to the basic award under Section 122(2) Employment Rights Act 1996 on the basis that it would be just and equitable to do so given the Claimant’s contributory conduct.[3]A reduction of 25% shall be made to the compensatory award under Section 123(6) Employment Rights Act 1996 on the basis that the dismissal was contributed to by actions of the Claimant.[4]An increase of 10% shall be made to the compensatory award under Section 207A(2) Trade Union & Labour Relations Consolidation Act 1992 on the basis that the Respondent has failed to comply with the ACAS Code of Conduct on Disciplinary Procedures, that failure was unreasonable, and it would be just and equitable in all the circumstances to make an increase of 10%.[5]The Claimant is entitled to the sum of £6825 by way of basic award, being 13 x £700 = £9100 reduced by 25%. Case Number: 6009627/2026[6]The Claimant is entitled to the sum of £18,719.55 by way of compensatory award, calculated as follows:a. Loss of net basic earnings £18,880 (32 weeks at £590)b. Loss of pension £1680.32 (8.9% x £18,880)c. Loss of overtime £1604.04 (£74.91 x 32 x 68%)d. Loss of statutory rights £500e. Total(a) +(b) +(c) +(d) = £22,690.36f. Reduce total at(e) by 25% for contributory conduct = £17,017.77g. Increase total at(f) by 10% for failure to comply with ACAS Code = £18,719.55[7]In accordance with Regulation 4(3) of the Employment Protection (Recoupment of Benefits) Regulations 1996:a. The monetary award is £18,719.55.b. The amount of the prescribed element is £18,880 + £1,604.04 = £20,484.04 x 75% = £15,363.03.c. The dates of the period to which the prescribed element is attributable is from 20 December 2024 to 2 August 2025.d. The amount by which the monetary award exceeds the prescribed element is £18,719.55 - £15,363.03 = £3,356.52.