Case 1402870/2021 · Employment Tribunal
Miss A Olcvele v Ocho Steak House Limited Heard: By CVP — 2023
- Case reference
- 1402870/2021
- Decision date
- 30 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Craft Member
- Panel members
- Mr J Shah, Mr L Wakeman
Parties
2 namedClaimant
Miss A Olcvele
Respondent
Key findings
Tribunal's reasoningAt the CVP hearing on 14 and 15 March 2023 before Employment Judge Craft and members Mr J Shah and Mr L Wakeman, the tribunal held that Miss A Olcvele was unfairly dismissed, wrongfully dismissed, and entitled to accrued holiday pay. The respondent did not attend. The tribunal also found that the respondent failed to provide written reasons for the dismissal after a written request, contrary to s.92 Employment Rights Act 1996.
The tribunal awarded a basic award of £427.28 for unfair dismissal and limited the compensatory award to £400 for loss of statutory rights, with the Recoupment Regulations not applying to that element. It awarded £427.68 for notice pay on the wrongful dismissal, £570.24 for the failure to provide written reasons, and £299.64 for accrued holiday pay unpaid at dismissal.
The claims of disability discrimination arising from disability, direct discrimination by association, and failure to make reasonable adjustments under ss.13, 15 and 20/21 Equality Act 2010 were dismissed.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Awarded a basic award of £427.28 and a compensatory award limited to £400 for loss of statutory rights, with the Recoupment Regulations not applying to that compensatory element. | Upheld | — | £827 |
| Wrongful dismissal | Damages awarded for pay in lieu of notice due on termination. | Upheld | — | £428 |
| Other | Failure to provide written reasons for dismissal after a written request, contrary to s.92 Employment Rights Act 1996. | Upheld | — | £570 |
| Holiday pay | Accrued holiday pay due at the date of dismissal and unpaid by the Respondent. | Upheld | — | £300 |
| Disability discrimination | Claims of disability discrimination arising from disability, direct discrimination by association, and failure to make reasonable adjustments under ss.13, 15 and 20/21 Equality Act 2010 were dismissed. | Dismissed | Disability | — |
Remedy
Monetary award- Total award
- £2,125
- across all upheld claims
- Basic award
- £427
- statutory, unfair dismissal
- Compensatory award
- £400
- compensatory remedy recorded
Legal tests applied
4 references- s.92 Employment Rights Act 1996
- s.13 Equality Act 2010
- s.15 Equality Act 2010
- ss.20/21 Equality Act 2010
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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