Case 1400976/2022 · Employment Tribunal
Mrs Anna Gapper v Margaret Hanney (trading as the Park Farm House Care Home) — 2022
- Case reference
- 1400976/2022
- Decision date
- 29 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Horder Appearances
Parties
2 namedClaimant
Mrs Anna Gapper
Key findings
Tribunal's reasoningThe tribunal upheld Mrs Anna Gapper’s claim for unfair dismissal against Margaret Hanney, trading as the Park Farm House Care Home. The respondent’s name was amended by agreement at the start of the judgment. The decision was given after a hearing in Bristol ET via VHS on 20-21 November 2022 before Employment Judge Horder.
On remedy, the tribunal applied a 100% reduction to the compensatory award under the principles in Polkey v AE Dayton Services Ltd 1988 ICR 142, but preserved 7 days’ loss to reflect the time the claimant would have remained on full pay if an adequate disciplinary procedure had been followed. It also found that the claimant contributed to her dismissal to the extent of 50%, and applied that reduction to the basic award only.
The tribunal recorded that the claimant was 59 at the date of dismissal on 20 January 2022, had 10 years’ service, and had gross weekly pay of £250. The basic award before deductions was £3,750, reduced by 50% to £1,875. The compensatory award was £287.50, made up of £250 for 7 days’ loss of earnings and a £37.50 uplift.
The tribunal further applied a 15% increase to the compensatory award under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to follow the ACAS code. The final total award was £1,944.50.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Recorded from the judgment. | Upheld | — | £1,945 |
Remedy
Monetary award- Total award
- £1,945
- across all upheld claims
- Basic award
- £1,875
- statutory, unfair dismissal
- Compensatory award
- £288
- compensatory remedy recorded
Legal tests applied
3 references- Polkey v AE Dayton Services Ltd 1988 ICR 142
- s.122(2)
- section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992
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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