Case 1401715/2018 · Employment Tribunal
Mr C Evans v Mitie Security Limited — 2019
- Case reference
- 1401715/2018
- Decision date
- 21 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge O’Rourke
- Venue
- Bristol
- Panel members
- Mrs Monahan, Ms Maidment
Parties
2 namedClaimant
Mr C Evans
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Mitie Security Limited unfairly dismissed Mr Evans and subjected him to a detriment as a part-time worker under Regulation 5 of the Part-Time Worker Regulations 2000. It also found that the respondent breached the ACAS Code in the handling of the claimant's grievance.
The tribunal dismissed the claimant's claim of automatic unfair dismissal under Regulation 7 of the TUPE Regulations. It also dismissed the claimant's detriment claim under Regulation 7 of the Part-Time Worker Regulations.
The respondent was ordered to pay £4,274.71. The schedule recorded a £52.02 basic award and a compensatory award made up of a £3,920.81 prescribed element and a £301.88 non-prescribed element, including 15% increases under Section 124A ERA.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment states that the respondent unfairly dismissed the claimant. The award is not split between this claim and the upheld part-time worker detriment claim. | Upheld | — | — |
| Part-time worker regulations | The judgment states that the respondent subjected the claimant to a detriment as a part-time worker, subject to Regulation 5 of the Part-Time Worker Regulations 2000. The award is not split by claim. | Upheld | — | — |
| Transfer of undertakings (TUPE) | The claimant's claim of automatic unfair dismissal, subject to Regulation 7 of the TUPE Regulations, failed and was dismissed. | Dismissed | — | — |
| Part-time worker regulations | The claimant's detriment claim subject to Regulation 7 of the Part-Time Worker Regulations failed and was dismissed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £4,275
- across all upheld claims
- Basic award
- £52
- statutory, unfair dismissal
- Compensatory award
- £4,223
- compensatory remedy recorded
Legal tests applied
4 references- Regulation 5 of the Part-Time Worker Regulations 2000
- Regulation 7 of the TUPE Regulations
- Regulation 7 of the Part-Time Worker Regulations
- Section 124A ERA
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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