Mrs S Hogson v South Elmsall Community Facilities Ltd Heard: in Leeds — 2024

The claimant, a Nursery Manager employed from 19 February 2018 until 2 May 2023, was dismissed with immediate effect following a disciplinary process arising from three allegations of wrongdoing. The respondent did not file a response, attend the hearing or play any part in the proceedings. As the burden of proving a fair reason for dismissal lay with the respondent and was not discharged, Employment Judge Ayre found that the claimant was unfairly dismissed. The judge accepted the claimant's evidence that she had provided an explanation for each of the allegations put to her.

The judge also found the claimant was wrongfully dismissed, holding that she had not committed gross misconduct or a fundamental breach of contract. Although the contract provided for four weeks' notice, the statutory minimum notice in s.86 ERA 1996 overrode the contract, entitling the claimant to five weeks' notice given her five complete years of service. Damages for wrongful dismissal were assessed at £1,723 (5 x £344.60 net weekly pay).

On remedy, the basic award was £3,150 (7.5 weeks' gross pay at £420). The compensatory award comprised £400 for loss of statutory rights and £13,045.57 for loss of earnings from the end of the notice period to the hearing date, totalling £13,445.57. No award was made for future loss because the claimant had brought forward her retirement and drawn her pensions; no deduction was made for mitigation or pension receipt. The judge declined to apply an ACAS uplift, finding that the basic requirements of the ACAS Code had been complied with. The total award ordered was £17,918.57.