Case 1305016/2020 · Employment Tribunal
Mrs Chand v Somerford Kindergarten — 2021
- Case reference
- 1305016/2020
- Decision date
- 31 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dean Members
- Venue
- Birmingham and hybrid CVP
- Panel members
- Mrs S Cambell, Mr K Palmer
Parties
2 namedClaimant
Mrs Chand
Respondent
Key findings
Tribunal's reasoningThe claimant's race discrimination complaints under sections 13, 26 and 27 of the Equality Act 2010 did not succeed and were dismissed. The tribunal therefore rejected the discrimination case advanced against Somerford Kindergarten.
The tribunal found that Mrs Chand had been constructively and unfairly dismissed within the meaning of s95(1)(c) and s98(4) of the Employment Rights Act 1996. It ordered a basic award of £4,328.34, calculated by reference to the claimant being aged 53 at the effective date of termination, 18 years' service and an average gross weekly wage of £180.35.
The judgment records that the claimant accepted the respondent was impecunious and that it would not be possible to recover a sum in respect of ongoing losses, so no quantified compensatory award is stated in the text. The tribunal also found wrongful dismissal and held that the claimant was entitled to 12 weeks' statutory notice, ordering net damages of £2,164.20. On the figures stated in the judgment, the quantified awards total £6,492.54.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Complaints under ss13, 26 and 27 of the Equality Act 2010 were dismissed. | Dismissed | Race | — |
| Unfair dismissal | The tribunal found that the claimant had been constructively and unfairly dismissed under s95(1)(c) and s98(4) of the Employment Rights Act 1996. The basic award was £4,328.34; the judgment does not quantify any compensatory award. | Upheld | — | £4,328 |
| Wrongful dismissal | The tribunal found wrongful dismissal and ordered net damages of £2,164.20 for 12 weeks' statutory notice. | Upheld | — | £2,164 |
Remedy
Monetary award- Total award
- £6,493
- across all upheld claims
- Basic award
- £4,328
- statutory, unfair dismissal
Legal tests applied
5 references- s13 Equality Act 2010
- s26 Equality Act 2010
- s27 Equality Act 2010
- s95(1)(c) ERA 1996
- s98(4) ERA 1996
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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