Miss A Dawson v Mr C Malpass: 1303609/2019
| Jurisdiction | England & Wales |
| Judgment Date | 03 August 2021 |
| Citation | 1303609/2019 |
| Published date | 11 August 2021 |
| Court | Employment Tribunal |
| Subject Matter | Unfair Dismissal |
Case No: 1303609/2019
10.5 Reserved judgment with reasons – rule 62 March 2017
EMPLOYMENT TRIBUNALS
Claimant: Miss A Dawson
Respondent: Mr C Malpass
Heard at: Birmingham Employment Tribunal via CVP
On: 28 May 2021
Before: Employment Judge Noons
Representation
Claimant: Mr Thakerar of Counsel
Respondent: Mr Kohanzad of Counsel
RESERVED JUDGMENT
It is the finding of this Tribunal that:
1. The claimant was unfairly dismissed.
2. The basic award be reduced by 50% for contributory fault.
3. The compensatory award be reduced to 2 weeks’ loss on the basis that the
claimant would have been fairly dismissed 2 weeks’ later.
4. The compensatory award be reduced by 50% for contributory fault.
REASONS
Introduction
1. The claimant, Miss Dawson, was employed by the respondent, Mr Malpass, to care
for two of his family members from 20 August 2016 until she was dismissed without
notice on 8 January 2019.
2. The claimant claims her dismissal was unfair within section 98 of the Employment
Rights Act 1996. The respondent contests this claim, he says that the claimant was
fairly dismissed for misconduct in that one of his family members suffered severe
burns to their feet whilst in the claimant’s care.
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