Case 1402954/2022 · Employment Tribunal
Mr Mark Hemphill v Great Western Hospitals NHS Foundation Trust — 2024
- Case reference
- 1402954/2022
- Decision date
- 7 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Street Appearances
- Venue
- Bristol
Parties
2 namedClaimant
Mr Mark Hemphill
Key findings
Tribunal's reasoningThis is a remedy judgment following an earlier liability decision in which the Respondent was found liable for the Claimant's unfair constructive dismissal. The Tribunal ordered the Respondent to pay the Claimant £23,797.46 in compensation, comprising a basic award of £11,991.00, loss of earnings of £9,654.46, and pension loss of £2,152.00.
The period of loss was assessed from 15 July 2022 to 20 March 2023, with loss of earnings calculated from 29 July 2022 over 33 weeks and 3 days. Loss of earnings was based on an annual salary of 0.4 of Band 6 (£16,235.20 gross, £15,062.34 net per annum). Pension loss was assessed at 20.68% employer contributions over the same period. The Tribunal treated the Claimant's new role from March 2023 (£20,749 gross per annum, assessed over the period to December 2023) as permanent equivalent employment.
The Tribunal found that expenditure from a previous pension lump sum was not compensatable and that there was no loss of statutory rights given the terms of the proposed role with the Respondent. Recoupment was recorded as not applying.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | Judgment text describes the claim as 'unfair constructive dismissal' on which the Respondent was found liable in an earlier Judgment dated 15 December 2024 (date as stated in the PDF). This document is the remedy judgment ordering compensation. | Upheld | — | £23,797 |
Remedy
Monetary award- Total award
- £23,797
- across all upheld claims
- Basic award
- £11,991
- statutory, unfair dismissal
- Compensatory award
- £11,806
- compensatory remedy recorded
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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