National Express Ltd

1 RM EMPLOYMENT TRIBUNALS Claimant: Ms J Davidson Respondent: National Express Limited Heard at: East London Hearing Centre (by CVP) On: 11, 12 and 13 October 2023 Before: Employment Judge Illing Representation Claimant: Ms Katherine Hampshire (Counsel) Respondent: Mr Chris Reily (Solicitor) JUDGMENT 1. The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed. 2. There is a 75% chance that the claimant would have been fairly dismissed in any event. 3. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 10% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. 4. The claimant caused or contributed to the dismissal by blameworthy conduct and it is just and equitable to reduce the compensatory award payable to the claimant by 75 %. 5. It is just and equitable to reduce the basic award payable to the claimant by 75% because of the claimant’s conduct before the dismissal. 6. The complaint of breach of contract / wrongful dismissal is not well- founded and is dismissed. 7. The respondent shall pay the claimant the following sums: 2 7.1. A basic award of £1016.82 7.2. The total compensatory award amounts to £2,664.70 net. This is to be grossed up and the respondent is to be responsible for any tax or national insurance payable on these sums and includes: 7.2.1. A compensatory award of £2,383.56 net 7.2.2. An award of £34.38 for loss of statutory rights 7.2.3. An award of £246.76 for loss of pension rights 8. Note that these are the net actual sums payable to the claimant after any deductions or uplifts have been applied. JUDGMENT...