Case 1600332/2024 · Employment Tribunal
Mrs K Coope v Mr A Lane — 2024
- Case reference
- 1600332/2024
- Decision date
- 8 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge R Brace Appearances
- Venue
- Cardiff
Parties
2 namedClaimant
Mrs K Coope
Respondent
Key findings
Tribunal's reasoningEmployment Judge Brace, sitting at Cardiff on 5 July 2024, heard the case in the absence of the respondent. The complaint of breach of contract in relation to notice pay was well-founded and damages of £735.00 (gross) were awarded. The complaint of unfair dismissal was conceded by the respondent and in any event found to be well-founded.
The Tribunal found that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, and applied a 25% uplift to the compensatory award under s.207A of the Trade Union & Labour Relations (Consolidation) Act 1992. The respondent was also in breach of its duty to provide a written statement of employment particulars, attracting an award of two weeks' gross pay under s.38 Employment Act 2002, and in breach of its duty to provide a written statement of reasons for dismissal under s.92 ERA 1996, attracting a further two weeks' gross pay under s.93 ERA 1996.
The compensatory award before the statutory cap totalled £11,099.01 but was reduced by the s.124(1) ERA 1996 cap to 52 weeks' gross pay of £7,644.00. Adding the basic award (£1,102.50), wrongful dismissal damages (£735.00) and the s.93 award (£294.00), the total sum payable was £9,775.50. The Employment Protection (Recoupment of Benefits) Regulations 1996 apply, with the prescribed element reduced proportionately to £4,517.80 covering the period 29 October 2023 to 5 July 2024.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Notice pay claim well-founded; damages calculated on gross pay to reflect likely tax on Post Employment Notice Pay. | Upheld | — | £735 |
| Unfair dismissal | Claim conceded and in any event well-founded. Compensatory award uplifted by 25% under s.207A TULR(C)A 1992 for failure to comply with the ACAS Code. Compensatory award reduced by application of the statutory cap in s.124(1) ERA 1996. Total monetary award for unfair dismissal (basic + capped compensatory) recorded by the tribunal as £8,746.50. | Upheld | — | £8,747 |
| Other | Award under s.38 Employment Act 2002 of two weeks' gross pay for breach of duty to provide a written statement of employment particulars at the time proceedings were begun. | Upheld | — | £294 |
| Other | Award under s.93 ERA 1996 of two weeks' gross pay for failure to provide a written statement of reasons for dismissal (s.92 ERA 1996). | Upheld | — | £294 |
Remedy
Monetary award- Total award
- £9,776
- across all upheld claims
- Basic award
- £1,103
- statutory, unfair dismissal
- Compensatory award
- £7,644
- compensatory remedy recorded
Legal tests applied
7 references- s.207A Trade Union & Labour Relations (Consolidation) Act 1992
- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s.38 Employment Act 2002
- s.92 Employment Rights Act 1996
- s.93 Employment Rights Act 1996
- s.124(1) Employment Rights Act 1996
- Employment Protection (Recoupment of Benefits) Regulations 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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