Case 1800402/2020 · Employment Tribunal
Mr S Ashmore v Dibco Precision Engineering Limited AT A HEARING — 2020
- Case reference
- 1800402/2020
- Decision date
- 17 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Representation
- Venue
- Leeds
Parties
2 namedClaimant
Mr S Ashmore
Key findings
Tribunal's reasoningMr S Ashmore's complaint of unfair dismissal succeeded. The tribunal found that his conduct before termination made it just and equitable to reduce the basic award by 100 per cent, and it limited compensation to the period it would have taken to conclude a fair procedure, namely one week. It did not make any further reduction for contributory conduct. The compensatory award was £323.21 and the tribunal applied a 20 per cent uplift of £64.64 because the Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary Procedures.
The complaint of unauthorised deduction from wages succeeded only in part. The tribunal upheld the claim in relation to wages due for 21 October 2019 and ordered payment of £78.80 gross wages. A separate complaint of an unauthorised deduction said to arise from an alleged 'week in hand' was dismissed.
The wrongful dismissal complaint, pleaded as breach of contract, was dismissed. The tribunal also found that the Respondent had failed to provide a written statement of terms and conditions, and under section 38 of the Employment Act 2002 it awarded an additional two weeks' pay at £394 per week, totalling £788. The overall monetary award recorded by the tribunal was £1,254.65.
Claims and outcomes
5 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 |
|---|---|---|---|---|
| Unfair dismissal | Compensatory award was limited to 1 week's net pay (£323.21) and increased by a 20% ACAS uplift (£64.64). The basic award was reduced by 100%. | Upheld | — | £388 |
| Unlawful deduction from wages | Gross wages for 21 October 2019. | Upheld | — | £79 |
| Unlawful deduction from wages | Complaint about an alleged 'week in hand' deduction. | Dismissed | — | — |
| Wrongful dismissal | Wrongful dismissal / breach of contract complaint. | Dismissed | — | — |
| Other | Additional award of 2 weeks' pay under section 38 of the Employment Act 2002 for failure to provide a written statement of terms and conditions. | Upheld | — | £788 |
Remedy
Monetary award- Total award
- £1,255
- across all upheld claims
- Compensatory award
- £323
- compensatory remedy recorded
Legal tests applied
3 references- ACAS Code of Practice on Disciplinary Procedures
- section 207(A) of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 38 of the Employment Act 2002
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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