Case 1309633/2020 · Employment Tribunal
In person For the v Respondent — 2022
- Case reference
- 1309633/2020
- Decision date
- 19 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dimbylow Note
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningBy consent, the claimant withdrew her sex discrimination and disability discrimination claims, and the tribunal dismissed them on that basis. The remaining substantive claims were for unfair dismissal, unlawful deduction from wages, and breach of contract over notice.
The tribunal found that the claimant was unfairly dismissed. It held that the claimant caused or contributed to her dismissal to the extent of 75%, and reduced the award accordingly. The basic award was calculated at 1.5 x 5 x £544 = £4,080, reduced by 75% to £1,020. The compensatory award included three months' net salary and the respondent's pension contribution at £980.71 per week for 13 weeks, totalling £12,749.23, reduced by 75% to £3,187.30, plus loss of statutory protection of £500, reduced by 75% to £125.
The total monetary award was £4,332.30. The tribunal recorded that recoupment of benefits applied because the claimant was in receipt of Universal Credit, with a prescribed element of £3,187.30 for the period from the effective date of termination on 15 July 2020 to the remedy hearing on 19 January 2022. The excess over the prescribed element was £1,145.00.
The claim for unlawful deduction from wages was rejected as not well-founded. The breach of contract claim over notice was found well-founded, but the tribunal made no separate damages award because it would have duplicated the unfair dismissal compensation. The tribunal also noted that any separate award for breach of contract would have been reduced by 75% for the claimant's own conduct.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | By consent, the claim was dismissed upon withdrawal by the claimant. | Withdrawn | Sex | — |
| Disability discrimination | By consent, the claim was dismissed upon withdrawal by the claimant. | Withdrawn | Disability | — |
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed. It reduced both the basic and compensatory awards by 75% for contributory conduct and applied recoupment because the claimant received Universal Credit. | Upheld | — | £4,332 |
| Unlawful deduction from wages | The claim was found not well-founded and was dismissed. | Dismissed | — | — |
| Breach of contract | The notice claim was well-founded, but no separate damages award was made because it would duplicate the unfair dismissal compensation. Any separate award would also have been reduced by 75% for the claimant's conduct. | Upheld | — | — |
Remedy
Monetary award- Total award
- £4,332
- across all upheld claims
- Basic award
- £1,020
- statutory, unfair dismissal
- Compensatory award
- £3,312
- 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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