Claimant v Abbeyfield Reading Society Limited

The tribunal found at the liability hearing that the claimant was unfairly dismissed. The respondent failed to comply with ACAS Code paragraphs 6 and 27. The dismissal was procedurally unfair and no reasonable employer would have dismissed in those circumstances.

The claimant was entitled to 3 months' notice pay. The tribunal found at the liability hearing that she was not guilty of gross misconduct and was therefore entitled to be paid notice. The parties agreed the sum of £8041.47 net at the remedy hearing.

The claimant succeeded in her claim for notice pay (unauthorised deduction of wages). The tribunal found she did not commit gross misconduct justifying summary dismissal, so she was entitled to payment for her notice period.

At the liability hearing, the tribunal dismissed the claimant's claims of detriment due to public interest disclosure and automatic unfair dismissal under section 103A ERA. The tribunal was not satisfied that protected disclosures were the reason or principal reason for dismissal.

The tribunal dismissed the claimant's victimisation claim at the liability hearing, finding that the conduct complained of was not because the claimant had done a protected act under the Equality Act 2010.