Case 1301480/2021 · Employment Tribunal
Mr A Gasau v J C Bamford Excavators Limited — 2023
- Case reference
- 1301480/2021
- Decision date
- 4 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Childe REPRESENTATION
Parties
2 namedClaimant
Mr A Gasau
Respondent
Key findings
Tribunal's reasoningThe tribunal, sitting at the West Midlands (Birmingham) Employment Tribunal before Employment Judge Childe, determined three claims brought by Mr A Gasau against J C Bamford Excavators Limited. It held that the respondent had breached the contract of employment by failing to pay contractual sick pay for the period 1 January 2021 to 27 April 2021, and ordered payment of £8,188.16 gross subject to tax and national insurance deductions.
The tribunal also found that the complaint of unfair dismissal under Part X of the Employment Rights Act 1996 was well-founded and that the claimant had been unfairly dismissed. In respect of that claim, it awarded a basic award of £4,896.00, a compensatory award of £2,397.65 net of tax and national insurance contributions, and £500 for loss of statutory rights.
Finally, the tribunal upheld a further breach of contract complaint in relation to notice pay. It ordered damages of £2,809.63 gross, noting that the figure had been calculated using gross pay to reflect the likelihood that the claimant would be taxed on it as Post Employment Notice Pay. No discrimination, whistleblowing, or other protected-characteristic claim appears in the judgment text provided.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Breach of contract claim for failure to pay contractual sick pay for the period 1 January 2021 to 27 April 2021. | Upheld | — | £8,188 |
| Unfair dismissal | Complaint under Part X Employment Rights Act 1996. The tribunal found the claimant was unfairly dismissed and awarded a basic award of £4,896.00, a compensatory award of £2,397.65 net, and £500 for loss of statutory rights. | Upheld | — | £7,794 |
| Breach of contract | Breach of contract claim in relation to notice pay. The tribunal awarded damages calculated on gross pay. | Upheld | — | £2,810 |
Remedy
Monetary award- Total award
- £18,791
- across all upheld claims
- Basic award
- £4,896
- statutory, unfair dismissal
- Compensatory award
- £2,398
- compensatory remedy recorded
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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