Claimant v Peter Harrington Limited
Outcome
Individual claims
The tribunal found that the respondent unfairly dismissed the claimant. The tribunal applied a 25% ACAS uplift to the compensatory award, indicating a failure to follow proper procedures. The tribunal calculated losses from dismissal until projected future mitigation date.
The respondent conceded this claim. The tribunal found unlawful deductions from the claimant's pay in respect of parental leave due to the claimant, in the agreed sum of £1077.40.
Facts
Mrs Oddy was employed by Peter Harrington Limited until her dismissal on 21 January 2024. The respondent dismissed the claimant and also made unlawful deductions from her wages in respect of parental leave. The claimant's weekly gross pay was £643 and net pay was £1048.05. The respondent conceded the wage deduction claim for £1077.40. The case was heard over two days by video hearing.
Decision
The tribunal found the dismissal was unfair and upheld the unlawful deduction claim. A 25% ACAS uplift was applied to the compensatory award, indicating procedural failures. The tribunal awarded a total of £68,485.31 including basic award, compensatory award with grossing up, pension loss, loss of statutory rights, and the conceded wage deduction. A financial penalty of £20,000 was imposed on the respondent.
Practical note
Employers who fail to follow proper dismissal procedures face not only compensatory awards with substantial ACAS uplifts but also potential financial penalties of up to £20,000 payable to the Secretary of State under s.12A of the Employment Tribunals Act 1996.
Award breakdown
Adjustments
The tribunal applied a 25% ACAS uplift to both the prescribed and non-prescribed elements of the compensatory award, indicating the respondent failed to follow the ACAS Code on disciplinary and grievance procedures
Legal authorities cited
Statutes
Case details
- Case number
- 2201525/2024
- Decision date
- 26 June 2024
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister