Case 1403852/2022 · Employment Tribunal
Ms H Ifeka of Counsel For the v City College, Plymouth — 2024
- Case reference
- 1403852/2022
- Decision date
- 6 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lang
- Panel members
- Ms R Clarke, Ms V Blake
Parties
2 namedClaimant
Ms H Ifeka of Counsel For the
Respondent
Key findings
Tribunal's reasoningThe tribunal heard the claim in the absence of the respondent under Rule 47, having found that the respondent had been in repeated breach of case management orders throughout the proceedings and had made successive late postponement applications which were refused. The respondent's representative and witnesses did not attend, and the tribunal proceeded on the basis of the witness statements and a 256-page agreed bundle.
On the substantive issues, the tribunal found that the claimant had been unfairly constructively dismissed and that her claim of victimisation was well-founded. The tribunal accepted that following the appointment of a new line manager the claimant was subjected to treatment which, taken together, amounted to a fundamental breach of contract entitling her to resign, and that detrimental treatment was carried out because she had done a protected act.
In relation to remedy, the tribunal made a basic award of £1,713.00 and a compensatory award of £8,603.50, comprising £500 for loss of statutory rights and pension losses (£2,105.30 to date of hearing and £5,998.20 representing five years' future pension loss based on the differential between the respondent's and the new employer's pension contributions). For the victimisation claim the tribunal awarded £14,000.00 for injury to feelings at the lower end of the middle Vento band, together with interest of £905.65 calculated at 8% per annum. The Recoupment Regulations were held not to apply.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Constructive unfair dismissal upheld. Compensation comprises basic award of £1,713.00 and compensatory award of £8,603.50 (£500 loss of statutory rights; £2,105.30 pension loss to date; £5,998.20 five years' future pension loss). The judgment's summary states £10,316.15 while the calculation in the reasons totals £10,316.50; figure used reflects the calculation in paragraphs 112-113. | Upheld | — | £10,317 |
| Victimisation | Victimisation claim well-founded. Award of £14,000.00 for injury to feelings (lower end of middle Vento band) plus £905.65 interest at 8% per annum on midpoint basis from 25 July 2022. | Upheld | — | £14,906 |
Remedy
Monetary award- Total award
- £25,222
- across all upheld claims
- Basic award
- £1,713
- statutory, unfair dismissal
- Compensatory award
- £8,604
- compensatory remedy recorded
Legal tests applied
9 references- Rule 47 of the Employment Tribunal Rules of Procedure 2013
- section 124 Equality Act 2010
- section 139 Equality Act 2010
- Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996
- Vento v West Yorkshire Police [2003] IRLR 102 CA
- Da'Bell v NSPCC [2010] IRLR 19 EAT
- Simmons v Castle [2012] EWCA Civ 1039
- De Souza v Vinci Construction (UK) Ltd [2017] EWCA Civ 879
- Presidential Guidance on awards for injury to feelings and psychiatric injury (Sixth Addendum, 23 April 2023)
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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