Case 1300054/2021 · Employment Tribunal
Ms C Wilson (lay representative] For the v Mr G Hine (Solicitor) — 2022
- Case reference
- 1300054/2021
- Decision date
- 2 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Kenward
Parties
2 namedClaimant
Ms C Wilson (lay representative] For the
Respondent
Key findings
Tribunal's reasoningThe tribunal held that the complaint of unfair dismissal was well-founded and that the respondent unfairly dismissed the claimant. It ordered compensation of £8,070.60, made up of a basic award of £603.12 after a 40% reduction for the claimant's conduct before dismissal, and a compensatory award of £7,467.48.
In calculating the compensatory award, the judgment recorded a prescribed element of £6,900.68 based on loss of earnings of £12,779.04 from 11 December 2020 to 2 September 2022, subject to a 25% Polkey reduction, a 20% uplift for failure to comply with the ACAS Code of Practice on disciplinary procedures, and a further 40% reduction for contributory conduct. It also recorded a non-prescribed element of £2,692.43, including future loss of earnings, £500 for loss of statutory rights, the same Polkey and ACAS adjustments, £574.40 for the absence of a written statement of terms under section 1 of the Employment Rights Act 1996, and a further 40% contributory reduction. The judgment then noted that £9,593.11 was reduced to £7,467.48 by application of the statutory cap based on 52 weeks' pay of £143.60.
The tribunal also held that the respondent was in breach of contract by dismissing the claimant without the full notice period to which she was entitled, but it found that no further damages were payable. A separate claim for unpaid annual leave failed because the tribunal found the respondent had not failed to pay for accrued but untaken leave on termination.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment states a compensatory award calculation that includes future loss of earnings for the period from 3 September 2022 to 11 March 2022; that date sequence appears inconsistent in the extracted text, so the exact period is unclear. | Upheld | — | £8,071 |
| Breach of contract | The tribunal found the respondent dismissed the claimant without the full period of notice to which she was entitled, but recorded that no further sum was payable as damages. | Upheld | — | — |
| Holiday pay | The tribunal found the respondent did not fail to pay the claimant for accrued but untaken annual leave when employment ended. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £8,071
- across all upheld claims
- Basic award
- £603
- statutory, unfair dismissal
- Compensatory award
- £7,467
- compensatory remedy recorded
Legal tests applied
4 references- Polkey v A E Dayton Services Limited [1988] ICR 142
- ACAS Code of Practice on disciplinary procedures
- Employment Rights Act 1996 section 1
- statutory cap (52 x a week's pay)
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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