Case 1309650/2020 · Employment Tribunal
in person For the v Partial attendance by Mr J McClean, Director — 2020
- Case reference
- 1309650/2020
- Decision date
- 31 August 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Richardson
Parties
2 namedClaimant
in person For the
Key findings
Tribunal's reasoningAt a hearing held at Bristol by video on 3 and 4 June 2021, Employment Judge A Richardson held that the claimant’s claims of unfair dismissal and unlawful deduction from wages were well founded. The respondent was ordered to pay a gross sum of £9,401.43, with the claimant to account to HMRC for any tax and national insurance due, if any.
Annex A records that the claimant was born on 14 January 1967, had 21 years’ service, was 53 at dismissal, and had a gross weekly pay of £230.77. The basic award was calculated at £6,000 on the basis of 18 weeks’ pay. The compensatory schedule included past loss from 1 August 2020 to 4 June 2021, curtailed at 31 August 2020 when the claimant could have been dismissed following the ACAS disciplinary code of practice, less mitigation income of £430, leaving £338, plus £350 for loss of statutory rights and £1,294.68 for arrears of wages and holiday pay.
The annex also records a 25% ACAS uplift under section 207A of TULR(C)A 1992, an award of £923.08 for failure to provide a section 1 Employment Rights Act 1996 statement under section 38 of the Employment Act 2002, and states that there was no prescribed element and that the Recoupment Regulations did not apply. The annex prints a compensatory total of £3,401.34 and a grand total of £9,401.43; the itemised figures otherwise appear to sum to £3,401.43.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Claim found well founded. Annex A records a basic award and compensatory schedule, but the judgment does not apportion the overall sum between claims. | Upheld | — | — |
| Unlawful deduction from wages | Claim found well founded. Annex A includes arrears of wages and holiday pay within the overall compensatory schedule, but no separate claim-specific award is stated. | Upheld | — | — |
Remedy
Monetary award- Total award
- £9,401
- across all upheld claims
- Basic award
- £6,000
- statutory, unfair dismissal
- Compensatory award
- £3,401
- compensatory remedy recorded
Legal tests applied
3 references- ACAS disciplinary code of practice
- s207A TULR(C)A 1992
- s38 Employment Act 2002
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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