Mr B Knight v Off Broadway Limited — 2021

The tribunal upheld Mr B Knight's unfair dismissal claim against Off Broadway Limited. It found that he had 2 years' continuous employment and that, had a fair procedure been adopted, there was an 80% chance he would likely have been dismissed two weeks after 8 November 2020. In assessing compensation, the tribunal reduced the basic award by 75% for contributory conduct, reduced the compensatory award by 50% for contributory conduct, and increased the compensatory award by 20% for the respondent's unreasonable failure to follow the ACAS Code. It also found that the claimant did not fail unreasonably to follow the Code and made no award under section 38 of the Employment Act 2002.

The wrongful dismissal claim, pleaded as breach of contract for failure to give contractual notice, was dismissed. The tribunal upheld the claim for accrued but untaken holiday pay for the holiday year from October 2020, but dismissed the separate claim to carry over holiday from the previous holiday year. The award was calculated at £2,999.37 in total, comprising a basic award of £403.50, a compensatory award of £2,318.47 and holiday pay of £277.40.

For recoupment purposes, the tribunal recorded a prescribed element of £2,189.35 and a non-prescribed balance of £810.02. The recoupment notice procedure was said to apply to the monetary award.