Claimant v Mr Simon Dickinson & Mrs Christine Dickinson trading as Northlands Village Rest Home
Outcome
Individual claims
The tribunal found that the claimant was unfairly dismissed by the respondent in breach of s94 Employment Rights Act 1996. The tribunal refused to make any deductions from the claimant's awards, indicating the dismissal was procedurally and substantively unfair. The respondent also breached the ACAS Code of Practice.
The tribunal found the claimant was dismissed in breach of contract. The tribunal awarded 3 weeks' notice pay, indicating the respondent failed to provide proper notice or payment in lieu of notice as required by the claimant's contract of employment.
Facts
Mrs Patricia Thorpe was employed at Northlands Village Rest Home, a care home run by Mr Simon Dickinson and Mrs Christine Dickinson as a partnership. She was dismissed by the respondent and brought claims for unfair dismissal and breach of contract. The claimant appeared in person at the tribunal hearing while the respondent was represented by a solicitor.
Decision
The tribunal found that the claimant was unfairly dismissed and that the respondent had breached her contract by failing to provide proper notice. The tribunal refused to make any deductions from the awards and applied a 25% ACAS Code uplift due to the respondent's breach of the ACAS Code of Practice. Total compensation awarded was £4,942.90.
Practical note
Employers in the care sector must follow proper dismissal procedures and the ACAS Code, as failure to do so will result in unfair dismissal findings and potential 25% uplifts to compensatory awards.
Award breakdown
Adjustments
Respondent breached the ACAS Code of Practice pursuant to s207A Trade Union & Labour Relations (Consolidation) Act. Tribunal applied a 25% uplift to the compensatory award.
Legal authorities cited
Statutes
Case details
- Case number
- 2401315/2024
- Decision date
- 25 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No