Case 1601203/2020 · Employment Tribunal
Mr J Dunne v Lumina Investments Limited — 2020
- Case reference
- 1601203/2020
- Decision date
- 1 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore Representation
Parties
2 namedClaimant
Mr J Dunne
Respondent
Key findings
Tribunal's reasoningAt the Cardiff CVP hearing on 26 and 27 November 2020, Employment Judge S Moore held that Mr J Dunne's claim for constructive automatic unfair dismissal for asserting a statutory right under s.104 Employment Rights Act 1996 succeeded. The tribunal also upheld his claim for unauthorised deduction from wages under s.13 Employment Rights Act 1996.
The written order states that Lumina Investments Limited was ordered to pay a basic award of £7,496.97 and a compensatory award of £4,313.52, together with £2,998.78 for unpaid wages, £391.35 for unpaid statutory sick pay, £1,876.18 for unpaid holiday pay and £768.92 for loss of statutory rights. The extracted record notes that reasons were given orally at the hearing and no written reasons would be provided unless requested.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal upheld the claimant's claim for constructive automatic unfair dismissal for asserting a statutory right contrary to s.104 ERA 1996. The written record lists a basic award, compensatory award and a separate sum for loss of statutory rights, but it does not expressly allocate each monetary item to this claim. | Upheld | — | — |
| Unlawful deduction from wages | The tribunal upheld the claim for unauthorised deduction from wages contrary to s.13 ERA 1996. The written order includes unpaid wages, unpaid statutory sick pay and unpaid holiday pay, but it does not expressly split those amounts between claims. | Upheld | — | — |
Remedy
Monetary award- Total award
- £17,846
- across all upheld claims
- Basic award
- £7,497
- statutory, unfair dismissal
- Compensatory award
- £4,314
- compensatory remedy recorded
Legal tests applied
2 references- s.104 Employment Rights Act 1996
- s.13 Employment Rights Act 1996
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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