R Carter v Chelmsford Hair Ltd: 6012048/2025
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]The respondent shall pay the claimant the following sums:a. A basic award of £637.50.b. A compensatory award of £ 2,663.[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 25 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[4]The claimant unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 by not appealing the decision to dismiss her and it is just and equitable to decrease the compensatory award payable to the claimant by 10% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. Case Number: 6012048/2025[5]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 25%.[6]There is no prescribed element under the Employment Protection (Recoupment of Benefits) Regulations 1996 because there is no award for immediate loss of earnings. The whole award is payable to the claimant. Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied.[7]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £255. Approved by: