Automated Summary
Key Facts
The claimant, Daniel Crook, was found to have been unfairly dismissed by ICTV Sales and Services Ltd, which was in voluntary liquidation. The tribunal determined that the respondent failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, leading to a 25% increase in the compensatory award under section 207A of the Trade Union & Labour Relations (Consolidation) Act 1992. As a result, the respondent was ordered to pay the claimant a total of £11,899.65, comprising a basic award of £1,875.00 and a compensatory award for 22 weeks of earnings. The Employment Protection (Recoupment of Benefits) Regulations 1996 were not applicable in this case.
Issues
- The respondent is ordered to pay the claimant £11,899.65, comprising a basic award of £1,875.00 (1.5 x weekly salary of £625 x 2 years) and a compensatory award for 22 weeks (exact net amount unspecified).
- The tribunal found the claimant's dismissal was unfair and determined the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply.
- The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, resulting in a 25% increase to the compensatory award under s.207A Trade Union & Labour Relations (Consolidation) Act 1992.
Holdings
- The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, leading to a 25% increase in the compensatory award.
- The Respondent is ordered to pay to the Claimant the sum of £11,899.65.
- The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.
Remedies
The Respondent is ordered to pay to the Claimant the sum of £11,899.65. This includes a basic award of £1,875.00 and a compensatory award (22 weeks at net) with a 25% uplift due to ACAS Code non-compliance.
Monetary Damages
11899.65
Legal Principles
Failure to comply with ACAS Code led to a 25% uplift in the compensatory award.
Cited Statute
- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- Trade Union & Labour Relations (Consolidation) Act 1992
Judge Name
Judge Richardson
Passage Text
- 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 25%...