Case 1402465/2021 · Employment Tribunal
Ms D Alabaster v Georgia Rose Residential Care Limited — 2023
- Case reference
- 1402465/2021
- Decision date
- 13 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Craft Representation
- Venue
- Southampton
Parties
2 namedClaimant
Ms D Alabaster
Respondent
Key findings
Tribunal's reasoningEmployment Judge Craft heard the case at Southampton on 24 May 2023. The respondent did not attend, with the response having previously been struck out. The tribunal found that Ms D Alabaster made qualifying protected disclosures as defined in s.43B Employment Rights Act 1996.
The tribunal also found that she resigned because the respondent acted in fundamental breach of her contract of employment within s.95(1)(c) Employment Rights Act 1996, and on that basis held that she was unfairly dismissed. It ordered a basic award of GBP 14,416 and a compensatory award of GBP 21,918, made up of GBP 21,518 for loss of earnings to the date of the hearing and GBP 400 for loss of statutory rights. The judgment states that the Recoupment Regulations do not apply.
Separately, the tribunal found that the respondent subjected the claimant to further detriment because she had made qualifying protected disclosures and awarded GBP 9,900 for injury to feelings. It also made a Preparation Time Order of GBP 2,150. That order is recorded separately from the substantive awards and is not included in the total award figure.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal found the claimant had made qualifying protected disclosures under s.43B Employment Rights Act 1996, resigned because the respondent acted in fundamental breach of contract within s.95(1)(c) Employment Rights Act 1996, and was unfairly dismissed. The dismissal award comprised a basic award of GBP 14,416 and a compensatory award of GBP 21,918 (GBP 21,518 loss of earnings and GBP 400 loss of statutory rights). | Upheld | — | £36,334 |
| Whistleblowing | The tribunal found the respondent subjected the claimant to further detriment because she had made qualifying protected disclosures and awarded GBP 9,900 for injury to feelings. | Upheld | — | £9,900 |
Remedy
Monetary award- Total award
- £46,234
- across all upheld claims
- Basic award
- £14,416
- statutory, unfair dismissal
- Compensatory award
- £21,918
- compensatory remedy recorded
Legal tests applied
2 references- s.43B Employment Rights Act 1996
- s.95(1)(c) Employment Rights Act 1996
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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