Mr M Rostron v Electronics Direct Ltd HELD BY CVP in Sheffield — 2021

The tribunal dismissed the claimant's wrongful dismissal complaint and his claim for unauthorised deduction from wages relating to a bonus payment based on sales during May 2020. It upheld the unfair dismissal complaint and found that the respondent unfairly dismissed the claimant on 18 June 2020.

For remedy, the tribunal set the basic award by using a multiplicand of £538, a multiplier of 3, and then reducing the result by 50% because of the claimant's conduct before dismissal, producing a basic award of £807. On compensation, it found that acting within the range of reasonable responses the respondent would have dismissed the claimant on or around 30 July 2020, so loss was limited to six weeks' remuneration and six weeks' pension contribution.

The tribunal calculated six weeks' loss of remuneration at £4,479.42 and pension contribution loss at £127.98, giving £4,607.40, then added a 20% uplift of £895.88 for failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures under section 207A of the Trade Union and Labour Relations Act 1992. That subtotal of £5,503.28 was reduced by 50% for contributory conduct, leaving a compensatory award of £2,751.64. The tribunal made no award for loss of the statutory right not to be unfairly dismissed because it found the claimant would have been fairly dismissed in any event six weeks after the effective date of termination.