Case 1310811/2020 · Employment Tribunal
Mr N T Devenport v Prosaw Ltd FINAL HEARING — 2021
- Case reference
- 1310811/2020
- Decision date
- 6 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Camp Members
- Venue
- Birmingham
- Panel members
- Mr J Wagstaffe, Mr P Talbot
Parties
2 namedClaimant
Mr N T Devenport
Respondent
Key findings
Tribunal's reasoningThe tribunal at Birmingham, sitting before Employment Judge Camp with lay members Mr J Wagstaffe and Mr P Talbot, held that Mr N T Devenport was unfairly dismissed by Prosaw Ltd. The judgment records that oral reasons were given for the main findings and that written reasons would not be provided unless requested within 14 days.
On remedy, the tribunal stated that if compensation only were awarded, the compensatory award would be nil under the Polkey principle, referring to Polkey v AE Dayton Services Ltd and paragraph 54 of Software 2000 Ltd v Andrews. It also stated that there would be no basic award because the reason for dismissal was redundancy and the claimant had been paid a statutory redundancy payment.
The tribunal dismissed the religion and belief discrimination claims. It also recorded that, in light of its findings and after discussions with the respondent, the claimant did not wish the tribunal to make an order for reinstatement or re-engagement.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant was unfairly dismissed. Remedy was dealt with globally rather than split to this claim. | Upheld | — | — |
| Religion or belief discrimination | The judgment states that the religion and belief discrimination claims failed. The text does not separate out individual allegations, so this is extracted as one discrimination claim entry. | Dismissed | Religion or belief | — |
Remedy
Monetary award- Total award
- £0
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
- Compensatory award
- £0
- compensatory remedy recorded
Legal tests applied
2 references- Polkey principle
- Software 2000 Ltd v Andrews [2007] ICR 825
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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