Case 1303444/2018 · Employment Tribunal
Mrs M Branson (Claimant’s mother) v Respondent — 2019
- Case reference
- 1303444/2018
- Decision date
- 21 June 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gilroy QC
- Venue
- Birmingham
Parties
1 namedClaimant
Mrs M Branson (Claimant’s mother)
Respondent
- —
Key findings
Tribunal's reasoningThe Tribunal held that the respondents were jointly and severally liable for the claimant's claims and that no time limit issues arose. It upheld the claimant's claim of automatic unfair dismissal for assertion of a statutory right, namely the right to an itemised pay statement, and awarded a compensatory award of £4,500. No basic award was made because of the claimant's length of service.
The wrongful dismissal claim was also upheld, but no separate compensation was awarded because the compensation overlapped with the unfair dismissal award. The Tribunal found that the claimant was a disabled person within the meaning of s.6 Equality Act 2010 by reason of dyspraxia, educational dyslexia and/or learning difficulties, and upheld her disability harassment claims with £2,000 for injury to feelings.
The Tribunal upheld the unpaid holiday pay claim and awarded £254.08. It applied a 15% uplift of £675 to the compensatory award for breach of the ACAS Code, producing a total monetary award of £7,429.08.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Automatic unfair dismissal for assertion of a statutory right under s.104 Employment Rights Act 1996, namely the right to an itemised pay statement under s.8. Remedy amount includes the £4,500 compensatory award and £675 ACAS Code uplift. | Upheld | — | £5,175 |
| Wrongful dismissal | Claim was upheld, but no compensation was awarded because of overlap with the unfair dismissal compensation. | Upheld | — | £0 |
| Harassment | Harassment on the grounds of disability was upheld. The judgment found the claimant was disabled by reason of mental impairment, namely dyspraxia, educational dyslexia and/or learning difficulties. | Upheld | Disability | £2,000 |
| Holiday pay | Unpaid holiday pay claim was upheld. | Upheld | — | £254 |
Remedy
Monetary award- Total award
- £7,429
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
- Compensatory award
- £5,175
- compensatory remedy recorded
Legal tests applied
4 references- s.104 Employment Rights Act 1996
- s.8 Employment Rights Act 1996
- s.6 Equality Act 2010
- ACAS Code
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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