Case 1303112/2022 · Employment Tribunal
Mr D Foxall v Modus Recycling CIC — 2023
- Case reference
- 1303112/2022
- Decision date
- 11 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Edmonds Representation
Parties
2 namedClaimant
Mr D Foxall
Respondent
Key findings
Tribunal's reasoningThe tribunal amended the respondent's name by consent to Modus Recycling CIC. It dismissed the claimant's automatic unfair dismissal claim under s43B and/or s103 of the Employment Rights Act 1996, finding that claim not well-founded. It upheld the claimant's ordinary unfair dismissal claim.
On remedy, the tribunal found the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and increased the compensatory award by 25% under s207A of the Trade Union and Labour Relations (Consolidation) Act 1992. It also found that the claimant had caused or contributed to the dismissal by blameworthy conduct and reduced the compensatory award by 20%.
The tribunal further found that when the proceedings began the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. It held that there were no exceptional circumstances making an award of four weeks' gross pay unjust or inequitable. It also reduced the basic award by 20% because of the claimant's conduct before dismissal.
The final sums ordered were a basic award of £591.60 and a compensatory award of £1,924.22, stated to be the amounts payable after deductions and uplifts had been applied.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The judgment describes this as an automatic unfair dismissal claim under s43B and/or s103 of the Employment Rights Act 1996; it was found not well-founded and dismissed. | Dismissed | — | — |
| Unfair dismissal | The unfair dismissal claim succeeded. The tribunal applied a 25% uplift for failure to comply with the ACAS Code, then reduced the compensatory award by 20% for contributory conduct and the basic award by 20% for conduct before dismissal. The final sums listed were basic award £591.60 and compensatory award £1,924.22. | Upheld | — | £2,516 |
Remedy
Monetary award- Total award
- £2,516
- across all upheld claims
- Basic award
- £592
- statutory, unfair dismissal
- Compensatory award
- £1,924
- compensatory remedy recorded
Legal tests applied
3 references- s43B and/or s103 ERA 1996
- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s207A Trade Union & Labour Relations (Consolidation) Act 1992
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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