Case 1403170/2024 · Employment Tribunal
Kayleigh Forkin v White Pepper Cookery Limited — 2025
- Case reference
- 1403170/2024
- Decision date
- 13 August 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Elizabeth Gibson
- Venue
- By CVP
Parties
2 namedClaimant
Kayleigh Forkin
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Kayleigh Forkin was unfairly dismissed by White Pepper Cookery Limited by reason of capability. It found there was a 25% chance that she would have been fairly dismissed in any event on 05 December 2024. In remedy, the tribunal applied a 10% uplift because the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, and then reduced the compensatory award by 50% because the claimant caused or contributed to her dismissal by blameworthy conduct.
The unfair dismissal award was calculated as a basic award of £1,586.70 and a final compensatory award of £560.44, giving £2,147.14 for the dismissal claim. The tribunal also awarded £500 because the claimant lost certain statutory rights as a result of the dismissal. It recorded that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 did not apply.
The tribunal further upheld the claimant's complaint of unauthorised deductions from wages. It found deductions had been made for the periods 04 October and 07 October 2024 and ordered repayment of the gross sum deducted, £211.56, with the claimant responsible for any tax or National Insurance due. It also upheld the holiday pay complaint, finding that the respondent failed to pay for one day's holiday accrued but untaken when employment ended, and awarded £105.78.
The total award ordered was £2,964.48.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed by reason of capability. It awarded a basic award of £1,586.70 and a final compensatory award of £560.44 after a 25% Polkey reduction, a 10% ACAS Code uplift under s207A of the Trade Union and Labour Relations (Consolidation) Act 1992, and a 50% reduction for contributory fault. It also awarded £500 for loss of statutory rights arising from the dismissal. | Upheld | — | £2,147 |
| Unlawful deduction from wages | The tribunal found unauthorised deductions from wages for the periods 04 October and 07 October 2024 and awarded the gross sum deducted. | Upheld | — | £212 |
| Holiday pay | The tribunal found the respondent failed to pay for one day's holiday accrued but untaken when employment ended. | Upheld | — | £106 |
Remedy
Monetary award- Total award
- £2,964
- across all upheld claims
- Basic award
- £1,587
- statutory, unfair dismissal
- Compensatory award
- £560
- compensatory remedy recorded
Legal tests applied
4 references- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s207A Trade Union & Labour Relations (Consolidation) Act 1992
- Polkey reduction
- contributory fault
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.