Claimant v Abbey Ravenscroft Park Nursing Home
Outcome
Individual claims
The tribunal found the complaint of breach of contract in relation to notice pay was well-founded and awarded four weeks' notice pay at gross weekly pay of £438.
The tribunal found the claimant was unfairly dismissed, awarding a basic award and compensatory award. However, both awards were reduced by 50% due to contributory fault on the part of the claimant under sections 122(2) and 123(6) of the Employment Rights Act 1996.
Facts
This is a remedy hearing following a liability judgment on 25 April 2025. Mrs Mohsenvand, aged 66, had worked for Abbey Ravenscroft Park Nursing Home for four years with gross weekly pay of £438 (£424 net) plus £13 pension contribution. She was dismissed and claimed breach of contract for notice pay and unfair dismissal. The tribunal had already found both claims well-founded at the liability hearing.
Decision
The tribunal awarded £1,752 for four weeks' notice pay and £15,263 for unfair dismissal (basic award £1,353 and compensatory award £13,910). Both unfair dismissal awards were reduced by 50% for contributory fault. The compensatory award covered 67 weeks' loss of earnings, statutory loss, less £1,089 earned elsewhere. Total award: £17,015.
Practical note
Even where unfair dismissal is established, substantial contributory fault (50% reduction) can significantly reduce awards, highlighting the importance of employee conduct in the lead-up to dismissal.
Award breakdown
Adjustments
Both basic award and compensatory award reduced by 50% by reason of contributory fault on the part of the claimant under sections 122(2) and 123(6) ERA 1996
Legal authorities cited
Statutes
Case details
- Case number
- 3306232/2024
- Decision date
- 25 April 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Service
- 4 years
Claimant representation
- Represented
- No