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A 2012 appeal arose from the summarily dismissal following an investigations into misconduct and disciplinary proceedings. Whilst this case contains other matters of interest to victimisation and discrimination (race), the main interest here is the reasonable magnitude of the award against the employer.

The employee made a number of claims but it was held that she had been unfairly dismissed given the lack of proper investigation into the allegations made against her.

The employers had failed to consider whether or not the dismissal was substantively unfair. The others were either dismissed or withdrawn.

The tribunal assessed the compensation for Unfair Dismissal at £1, 053.92.

This consisted of a basic award of £236 as well as a compensatory reward of £1, 136.

However, the tribunal made the decision to reduce the total reward by twenty percent owing to the Claimant’s contribution to her dismissal.

Interestingly, a further ten percent was deducted using section 207A of the Employment Rights Act 1996 since the Claimant had failed to appeal the disciplinary decision.

Having looked at the award, it is important to remember that costs are ony awarded to employers in around 500 cases out of something like 160,000 claims so recovering costs is rare.

Facts
The employee  was employed by as a part‑time support worker from 1 May 2007 and was summarily dismissed on 25 November 2009 after an investigation of allegations of misconduct, followed by disciplinary proceedings.

She worked for over 20 hours per week and worked elsewhere for other employers.  

Note: Whilst the main interest here is the reasonableness of the award against the employer, this case contains brief matters of interest to victimisation and discrimination (race) and in particular the need for employers to doccument their disciplinary process to show evidence of fairness.  For more read the full case transcript at BAILII.

Case: Ajayi v The Apuldram Centre [2012]
Citation: UKEAT/0393/11/CEA   
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