Automated Summary
Key Facts
Ms. Zukauskiene was employed by Karro Food Group Ltd and was summarily dismissed by consent on August 8, 2023. She made protected disclosures regarding staff handling bacon without gloves and violating the dress code, which were found to qualify under the Employment Rights Act 1996. The tribunal ruled her unfair dismissal claim was well-founded but reduced the basic and compensatory awards by 75% due to her conduct, with the compensatory award increased by 15% for the respondent's failure to follow ACAS procedures. The final basic award is £968.31 and the compensatory award is £918.53.
Issues
- The tribunal found the claimant's dismissal was unfair under sections 94-98 of the 1996 Act, ruling in favor of the claimant.
- The claimant made protected disclosures under section 43B of the Employment Rights Act 1996 regarding staff handling bacon without gloves and violating the dress code, qualifying for protection.
- The respondent's failure to follow ACAS disciplinary procedures resulted in a 15% uplift to the compensatory award under s 207A of the Trade Union & Labour Relations Act 1992.
- The tribunal reduced both the basic and compensatory awards by 75% due to the claimant's conduct preceding her dismissal.
Holdings
- The claimant's complaint under section 103A of the Employment Rights Act 1996 (protected disclosure as a reason for dismissal) was dismissed. However, the unfair dismissal complaint under sections 94-98 was upheld, finding the claimant was unfairly dismissed.
- The respondent was ordered to pay the claimant a basic award of £968.31 and a compensatory award of £918.53 after applying the 15% uplift and 75% reduction. The Employment Protection (Recoupment of Benefits) Regulations 1996 were found not to apply.
- The claimant was employed by the second respondent, Karro Food Group Ltd, and was summarily dismissed by consent on 8 August 2023. The tribunal found that the claimant made protected disclosures about staff handling bacon without gloves and violating dress codes, which qualify under section 43B of the Employment Rights Act 1996.
- The claimant's effective date of termination was 25 September 2023. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, leading to a 15% increase in the compensatory award. However, the claimant's conduct resulted in a 75% reduction in both the compensatory and basic awards.
- The tribunal determined that the first respondent, Sofina Foods Ltd, would not be dismissed from the proceedings as it is not in the interests of justice to do so.
Remedies
- A compensatory award of £918.53 was ordered to be paid to the claimant, which is the actual sum payable after any deductions or uplifts have been applied.
- A basic award of £968.31 was ordered to be paid to the claimant, which is the actual sum payable after any deductions or uplifts have been applied.
Monetary Damages
1886.84
Legal Principles
The tribunal applied the principle that disclosures about health and safety violations (staff handling bacon without gloves and dress code breaches) qualify for protection under section 43B of the Employment Rights Act 1996. It also determined that the respondent's failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 warranted a 15% increase in the compensatory award, while the claimant's conduct justified a 75% reduction in both basic and compensatory awards under just and equitable principles.
Cited Statute
- Employment Rights Act 1996
- Trade Union & Labour Relations (Consolidation) Act 1992
Judge Name
Employment Judge Brain
Passage Text
- 7. The complaint of unfair dismissal brought under sections 94-98 of the 1996 Act is well-founded. The claimant was unfairly dismissed.
- 9. 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 15% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.
- 10. The claimant caused or contributed to the dismissal by blameworthy conduct, and it is just and equitable to reduce the compensatory award payable to the claimant by 75%.