Ms A Wilkinson v Ayletts House Ltd (England and Wales : Breach of Contract)

Factual and Procedural Background

The Plaintiff brought a claim against Company A for unfair dismissal and wrongful dismissal. The Employment Tribunal heard the case remotely at the East London Hearing Centre on 17 and 18 February 2022. The Plaintiff was represented by Counsel, while Company A was represented by its Director in person. The Tribunal considered the claims and issued a judgment upholding both claims brought by the Plaintiff.

Legal Issues Presented

1. Whether the dismissal of the Plaintiff by Company A was unfair.
2. Whether the dismissal constituted wrongful dismissal, specifically concerning failure to pay contractual notice.
3. The appropriate remedy and compensation payable to the Plaintiff for the unfair and wrongful dismissal claims.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Employment Tribunal found that the Plaintiff was unfairly dismissed by Company A and that the dismissal was wrongful due to failure to pay contractual notice. The Tribunal applied statutory rules for calculating the basic award, taking into account the Plaintiff's age, length of service, and weekly pay. For the compensatory award, the Tribunal considered the Plaintiff's mitigated losses, including the period between dismissal and securing alternative employment, failure to pay contractual notice, and loss of statutory rights. Additionally, the Tribunal applied a 25% uplift to the compensatory award for Company A's failure to follow the ACAS Code of Practice, reflecting the procedural impropriety in the dismissal process.

Holding and Implications

The Employment Tribunal UPHELD the Plaintiff's claims for both unfair dismissal and wrongful dismissal.

The Plaintiff was awarded a total sum of £7,417.98, comprising a basic award of £1,732.50 and a compensatory award of £5,685.48, payable by Company A forthwith. The decision directly benefits the Plaintiff by providing monetary compensation for the dismissal without establishing new legal precedent.