Case 1801137/2020 · Employment Tribunal
Mrs J Dickson v Barchester Healthcare Limited AT A REMEDY HEARING — 2020
- Case reference
- 1801137/2020
- Decision date
- 21 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Representation
- Venue
- Leeds
Parties
2 namedClaimant
Mrs J Dickson
Key findings
Tribunal's reasoningThis was a remedy hearing before Employment Judge Lancaster at Leeds by CVP on 21 December 2020. By consent, the respondent was ordered to pay the claimant damages for breach of contract (wrongful dismissal) in the gross sum of £3,328.68.
For unfair dismissal, the tribunal awarded a basic award of £4,252.50, calculated as 9 weeks' pay on the basis of 6 years' continuous employment over the age of 41, with a cap of £525 per week and a 10% reduction for contributory conduct. It also awarded compensation for 49 weeks' loss of earnings at £445.28 net per week from the end of the notional 6-week notice period to the date of the hearing, plus employers' pension contributions of £13.10 per week, totalling £22,460.62.
The compensatory award also included £5,958.90 for 3 months' future earnings plus pension contributions and £500 for loss of statutory rights, before a 25% reduction under Polkey and a further 10% reduction for contributory fault, producing a compensatory award of £19,520.68. The Employment Protection (Recoupment of Benefits) Regulations 1996 were stated to apply, with a total unfair dismissal award of £23,773.18, a prescribed amount of £14,727.64 for the period 3 December 2019 to 21 December 2020, and an excess of £9,045.54 over the prescribed amount. No costs or preparation time award was made.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | Damages for breach of contract were ordered by consent in the gross sum of £3,328.68. | Upheld | — | £3,329 |
| Unfair dismissal | The tribunal awarded a basic award of £4,252.50 and a compensatory award of £19,520.68, making a total unfair dismissal award of £23,773.18 before recoupment calculations. | Upheld | — | £23,773 |
Remedy
Monetary award- Total award
- £23,773
- across all upheld claims
- Basic award
- £4,253
- statutory, unfair dismissal
- Compensatory award
- £19,521
- compensatory remedy recorded
Legal tests applied
2 references- Polkey
- 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.
How we got this data
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