Mr. J Mapranathukaran v Historic Hotels and Properties Limited — 2024

The tribunal upheld Mr J Mapranathukaran's unfair dismissal complaint against Historic Hotels and Properties Limited. It found that the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, so the compensatory award was increased by 20% under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992. It also found that the claimant's blameworthy conduct caused or contributed to the dismissal, so the compensatory award was reduced by 30%, and the basic award was reduced by 30% because of his conduct before dismissal.

For unfair dismissal, the tribunal awarded a basic award of £2,398.20 and a compensatory award of £7,267.40. The judgment records that these are the actual sums payable after the uplift and reductions had been applied.

The tribunal also upheld the notice-pay complaint as a breach of contract claim and awarded £3,600 damages, calculated on gross pay because the tribunal considered the claimant was likely to have to pay tax on it as Post Employment Notice Pay. It further upheld the complaint that holiday taken but not paid for February 2023 amounted to an unauthorised deduction from wages and ordered payment of £1,471.28 as the gross sum deducted.

The remaining wage and holiday complaints were dismissed. The claim for a £5,000 bonus payment on 31 August 2022 was dismissed because it was presented out of time and the tribunal found it was reasonably practicable to present it in time. The complaints about the bonus for the period ending April 2023 and wages for 13-18 February 2023 were dismissed as not well founded, and the complaint under regulation 14(2) and/or 16(1) of the Working Time Regulations 1998 concerning accrued but untaken holiday was also dismissed.