Mr R Cockerell v UK Windows & Doors Ltd — 2023

Employment Judge R Harfield, sitting at Cardiff on 13 and 14 November 2023, found that Mr R Cockerell had been unfairly dismissed by UK Windows & Doors Group Limited (in Administration). The respondent did not attend the hearing, having given prior notice through the administrators. The tribunal held that the dismissal was unfair and that the complaint was well-founded.

On remedy, the tribunal found that the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and increased the compensatory award by 10% under s 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. It also found that the claimant had caused or contributed to the dismissal by blameworthy conduct, reducing the compensatory award by 10%, and reduced the basic award by 10% because of conduct before dismissal.

The tribunal awarded a basic award of £10,416.60 after the contributory deduction and a compensatory award of £14,100.48. It set out the first loss period as notice-period loss of £9,622.68, calculated from gross taxable post-employment notice pay of £809.99 per week, with a 10% ACAS uplift and then a 10% reduction for contribution. It assessed post-notice losses to 2 October 2023 at £4,477.80 after net loss of £14,431.20, mitigation earnings of £9,908.16, a 10% uplift and a 10% deduction for contribution.

The written judgment records that an oral figure of £7,716.00 had been approved for the notice-period element, but the tribunal reconsidered and varied it under Rule 70 of the Employment Tribunal Rules of Procedure because the original figure had been based on an incorrect gross weekly pay figure. The tribunal also recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied because the claimant was not in receipt of benefits in the relevant period.