Mrs S Jones v Top to Bottom Cleaning Ltd — 2024

The claims for holiday pay and arrears of pay were dismissed upon withdrawal after the outstanding sums had been paid. The tribunal then found the complaint of unfair dismissal well-founded and held that the claimant had been unfairly dismissed.

On remedy for unfair dismissal, the tribunal found that the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and increased the compensatory award by 25% under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. It also found that the claimant did not cause or contribute to the dismissal by blameworthy conduct, and it did not reduce the basic award for that reason.

The tribunal awarded a basic award of £2,070.00 and a compensatory award of £2,830.86. The compensatory award comprised £2,232.69 for loss of earnings and pension contributions, less £368.00 paid in January 2023, plus £400.00 for loss of statutory rights and £566.17 by way of ACAS uplift. It recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply.

The complaint of breach of contract in relation to notice pay was well-founded, but the tribunal held that no additional sum was payable. The redundancy payment claim failed because the claimant was not entitled to a redundancy payment under section 163 of the Employment Rights Act 1996.