Case 1800614/2021 · Employment Tribunal
In person For the v Mr Johnstone (solicitor). — 2022
- Case reference
- 1800614/2021
- Decision date
- 24 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Davies Appearances
- Venue
- Leeds
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the claimant was assigned to an organised grouping of employees that transferred from the first to the second respondent on 30 November 2020 under the Transfer of Undertakings (Protection of Employment) Regulations 2006. It held that the claimant's claims of unfair dismissal, wrongful dismissal (notice pay), and pay in lieu of accrued holiday against the second respondent were well-founded and succeeded. It awarded a basic award of PS3,766 and a compensatory award of PS21,525.96 for the unfair dismissal claim.
The tribunal also awarded PS3,368.50 for pay in lieu of accrued holiday. It said no redundancy payment was payable because the claimant would receive a basic award for unfair dismissal, and no damages for notice pay were payable because the compensatory award compensated the claimant in full for the relevant period.
The tribunal found that, at the time proceedings were begun, the second respondent was in breach of its obligation to provide a written statement of employment particulars. It was satisfied that there were no exceptional circumstances making it unjust and inequitable to award compensation, but it awarded two weeks' pay rather than four weeks' pay, resulting in an award of PS1,076. All claims against the first respondent were dismissed.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was assigned to an organised grouping that transferred from the first to the second respondent under TUPE on 30 November 2020. It awarded a basic award and a compensatory award for this claim. | Upheld | — | £25,292 |
| Wrongful dismissal | The wrongful dismissal claim, framed as notice pay, succeeded but no separate damages for notice were payable because the compensatory award compensated the claimant in full for the relevant period. | Upheld | — | — |
| Holiday pay | The tribunal awarded pay in lieu of accrued holiday against the second respondent. | Upheld | — | £3,369 |
| Redundancy | No redundancy payment was awarded because the tribunal stated that the claimant would receive a basic award for unfair dismissal. | Dismissed | — | — |
| Other | The tribunal found the second respondent was in breach of its obligation to provide a written statement of employment particulars and awarded two weeks' pay, rejecting four weeks' pay. | Upheld | — | £1,076 |
Remedy
Monetary award- Total award
- £29,736
- across all upheld claims
- Basic award
- £3,766
- statutory, unfair dismissal
- Compensatory award
- £21,526
- compensatory remedy recorded
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.