Ms Y Hough v Lynn Pinder t/a The Bakeaway — 2019

The tribunal found that Ms Y Hough's unfair dismissal claim succeeded. It calculated a basic award of £1,182.24 on six years' service and a weekly wage of £131.36, then reduced that amount by 50% to £591.12 because of conduct contributing to the dismissal. It accepted wage loss of £1,839.04 for 12 June 2019 to 19 September 2019 and £919.52 for 19 September 2019 to 26 December 2019 on a reduced basis because the claimant had not fully mitigated her loss.

The tribunal also applied a 25% uplift under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 and section 124A ERA 1996 because the respondent failed to follow the ACAS Code of Practice in the disciplinary procedure. It awarded £525.44 for failure to provide written particulars of employment under section 38 of the Employment Act 2002, but that sum was included in the overall compensatory total of £3,973.74 before the tribunal reduced the compensatory award by 50% under section 123(6) ERA 1996 to £1,986.87.

The tribunal separately awarded £250 for loss of statutory rights and £234.36 for accrued but untaken holiday under regulation 14 of the Working Time Regulations 1998. The claim for compensation for failure to provide written reasons for dismissal contrary to section 92 ERA 1996 was dismissed as without merit. The claimant's costs application under rule 77 was also dismissed because the tribunal was not satisfied that the respondent had acted vexatiously, abusively, disruptively or otherwise unreasonably.