S Clacher v Epic Print Ltd: 6023478/2024
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 5% in accordance with s.207(A) Trade Union & Labour Relations (Consolidation) Act 1992.[3]The Respondent is ordered to pay to the Claimant the sum of £39,696.55. The award is constituted as follows:a. Basic award 1.5 x £719 x 3 = £3,235.50 1 x £719 x 17 = £12,223.00 Total = £15,458.50b. Compensatory Award Past Losses i. 51 weeks (covering the period 15 October 2024 to 7 October 2025) at net pay of £621.53 which computes to £31,698.03. ii. Loss of employers contribution to pension 52 weeks (covering the period 15 October 2024 to 24 March 2025) at 3% of gross weekly pay computes to 0.03 x 769.23 x 51 = £1,176.92 iii. Subject to the following adjustments in the order laid out: iv. Income from work conducted between October and December 2024 - £4,862.90. v. New employment paying £27,000 gross p/a from 24 March 2025 to 7 October 2025. Sums received from new employment compute to £441.53 net per week. Sums received in this period compute to £12,362.84 nett. vi. Total Past Losses = £15,649.21 Future Losses vii. Loss of future earnings computes to 12 x 621.53 = £7,458.36 viii. Loss of future Employer pension contributions = 0.03 x 12 x 769.23 = £276.92 ix. Less income over 12 weeks from Permavent = 12 x 441.53 = £5,298.36 x. Total Future Losses = £2,436.92 xi. Total Past and Future Losses = £15,649.21 + £2,436.92 = £18,086.13 nett xii. Uplift of 5% on Past and Future losses to reflect unreasonable failure to comply with the ACAS Code of Practice on Disciplinary Procedures 2015 = £904.30. xiii. Total compensatory award: £18,990.44 nett xiv. Total compensatory award gross = £18,990.44 / 0.8 = £23,738.05 xv. Loss of Statutory Rights: £500.00 xvi. Total Award: £39,696.55[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 £39,696.55b. The prescribed element is £15,649.21.c. The period of the prescribed element is from 15 October 2024 to 7 Octoberd. The difference between (a) and (b) is £24,047.34. Approved by