Mr S Smyth v Andrew Powell and 1 other — 2024

Employment Judge Benson, sitting alone at Liverpool on 5 June 2024, heard the claims of Mr S Smyth against Andrew Powell and Christina Powell. The claimant appeared in person and the respondents did not attend. The tribunal found the complaint of automatic unfair dismissal to be well-founded and held that the respondents unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, justifying a 25% uplift to the compensatory award under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992.

The tribunal also upheld the complaint of unauthorised deductions from wages for the period 12 November 2023 to 26 November 2023, awarding the gross sum deducted of £217.45, with the claimant responsible for any tax or National Insurance. The breach of contract complaint in relation to notice pay was likewise well-founded, with damages of £254.50 awarded on a gross basis to reflect likely Post Employment Notice Pay tax treatment.

For the unfair dismissal claim the schedule records a basic award of £127.50 (0.5 weeks x £254.50) and a compensatory award of £625.00, comprising £500.00 for loss of statutory rights and a £125.00 ACAS uplift. The Recoupment of Benefits Regulations 1996 do not apply. A Notice under Article 12 of the Employment Tribunals (Interest) Order 1990 was issued, with the relevant decision day recorded as 18 June 2024 and a stipulated interest rate of 8% per annum.