Case 1301407/2022 · Employment Tribunal
Ms Leeann Welburn v KDCM Public House Limited — 2022
- Case reference
- 1301407/2022
- Decision date
- 28 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Bennett Representation
Parties
2 namedClaimant
Ms Leeann Welburn
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Ms Leeann Welburn's claim of unfair dismissal succeeded. It also found that KDCM Public House Limited was in breach of contract by dismissing her without notice, and that it failed to provide an up-to-date written statement of terms and conditions of employment. The hearing was before Employment Judge Bennett on 27 September 2022, with the respondent not in attendance.
The tribunal awarded a total of £6,983.40. That sum comprised a basic award of £456 for unfair dismissal, a compensatory award calculated by reference to 16 weeks at £106.92 per week and 26 weeks at £114 per week, with a 25% uplift for unreasonable failure to follow the ACAS Code, notice pay of £456 for the breach of contract claim, and £228 for failure to provide a written statement under s38 Employment Act 2002.
The written reasons contain a minor inconsistency in the compensatory award figure, referring once to £5,834.55, but the itemised calculations and the stated total award align with £5,843.40. The claimant was also noted to account to HMRC for any employee tax payable on the award.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Basic award of £456 plus compensatory award of £5,843.40. The written reasons state £5,834.55 in one place, but the itemised calculation and the total award indicate £5,843.40. | Upheld | — | £6,299 |
| Breach of contract | Damages for four weeks' notice after dismissal without notice. | Upheld | — | £456 |
| Other | Award under s38 Employment Act 2002 for failure to provide an up-to-date written statement of employment particulars; two weeks' pay. | Upheld | — | £228 |
Remedy
Monetary award- Total award
- £6,983
- across all upheld claims
- Basic award
- £456
- statutory, unfair dismissal
- Compensatory award
- £5,843
- compensatory remedy recorded
Legal tests applied
2 references- ACAS Code uplift
- s38 Employment Act 2002
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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