Case 1403693/2022 · Employment Tribunal
Mr Arthur Evans v Green Machine South West Limited — 2024
- Case reference
- 1403693/2022
- Decision date
- 23 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Midgley
- Panel members
- Mr P Bompass, Mr D Stewart
Parties
2 namedClaimant
Mr Arthur Evans
Respondent
Key findings
Tribunal's reasoningThe tribunal found that Mr Arthur Evans had been constructively unfairly dismissed under section 111 Employment Rights Act 1996 and that Green Machine South West Limited had made unauthorised deductions from wages under section 13(3) ERA 1996. It also upheld the Equality Act claims under section 15, for discrimination because of something arising from disability, under section 20, for failure to make reasonable adjustments, and under section 27, for victimisation. The direct discrimination claim was dismissed.
On remedy, the tribunal ordered a basic award of £1,298.08, £500 for loss of statutory rights and £3,798.18 for loss of earnings on the unfair dismissal claim. It also awarded £12,000 for injury to feelings and £1,501.81 interest on that award, said to be 8% per annum and calculated at £2.63 per day for 571 days between 20 June 2022 and 11 January 2024.
The tribunal recorded that the claimant had not received benefits, so the recoupment provisions did not apply. It further directed the respondent to calculate and notify the tribunal of the net sum due as unpaid overtime within 7 days, so that an amended judgment could be issued.
Claims and outcomes
6 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 |
|---|---|---|---|---|
| Constructive dismissal | Constructive unfair dismissal under section 111 Employment Rights Act 1996; the tribunal awarded a basic award of £1,298.08, loss of statutory rights of £500 and loss of earnings of £3,798.18. | Upheld | — | £5,596 |
| Unlawful deduction from wages | Unauthorised deductions from wages under section 13(3) Employment Rights Act 1996; the respondent was directed to calculate the net unpaid overtime sum separately within 7 days. | Upheld | — | — |
| Disability discrimination | Claim under section 15 Equality Act 2010 (discrimination because of something arising from disability) upheld. | Upheld | Disability | — |
| Disability discrimination | Claim under section 20 Equality Act 2010 (failure to make reasonable adjustments) upheld. | Upheld | Disability | — |
| Victimisation | Victimisation claim under section 27 Equality Act 2010 upheld. | Upheld | Disability | — |
| Disability discrimination | Direct discrimination claim dismissed. |
Remedy
Monetary award- Total award
- £19,098
- across all upheld claims
- Basic award
- £1,298
- statutory, unfair dismissal
- Compensatory award
- £4,298
- compensatory remedy recorded
Legal tests applied
4 references- section 111 Employment Rights Act 1996
- section 13(3) Employment Rights Act 1996
- sections 15 and 20 Equality Act 2010
- section 27 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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