Case 1802548/2021 · Employment Tribunal
Mrs T Davison v Niche Housekeeping Services Ltd — 2021
- Case reference
- 1802548/2021
- Decision date
- 15 November 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Miller Representation
Parties
2 namedClaimant
Mrs T Davison
Respondent
Key findings
Tribunal's reasoningMrs T Davison worked for Niche Housekeeping Services Ltd as a cleaning assistant from 12 December 2018 until 30 April 2021. She resigned on 15 April 2021, giving notice to end her employment on 30 April 2021, after disciplinary action arising from complaints between her and colleagues at ABI and after she had raised her own grievance. The tribunal treated the case as one of constructive unfair dismissal and asked whether the respondent had breached the implied term of trust and confidence.
The tribunal found that the respondent did not investigate the complaints fairly. It did not interview the claimant, Ms Ross or Ms Willett as part of the investigation, did not explore the claimant’s account of events, and did not investigate the allegation that the claimant was racist. The claimant was told not to come into work while remaining on full pay, was given a final written warning for general rudeness and not being a team player, and her grievance was not addressed before she resigned.
On the facts found, the tribunal held that the respondent failed to make proper enquiries about the claimant’s wellbeing when it knew her conduct had changed, failed to consider her side of the story or her complaints about colleagues, and failed to follow up her grievance. Cumulatively, those acts were held to be conduct likely to damage the relationship of trust and confidence, and the claimant resigned in response to that breach. The claim for unfair dismissal was therefore upheld.
On remedy, the tribunal found average gross weekly pay of £231.20 and average net weekly pay of £220.94. It awarded a basic award of £693.60 and a compensatory award of £5,745.23, which included past and future loss of earnings, loss of statutory rights and no deduction for failure to mitigate. The compensatory award was increased by 25% under s.207A TULR(C)A 1992 because of the respondent’s unreasonable failure to comply with the Acas code, producing a total compensatory award of £7,181.54 and a total award of £7,875.14.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Claim was advanced as constructive and unfair dismissal. The tribunal held that the respondent’s conduct amounted to a repudiatory breach of the implied term of trust and confidence under s.95(1)(c) ERA 1996, and that the claimant resigned in response to that breach. | Upheld | — | £7,182 |
Remedy
Monetary award- Total award
- £7,875
- across all upheld claims
- Basic award
- £694
- statutory, unfair dismissal
- Compensatory award
- £7,182
- compensatory remedy recorded
Legal tests applied
7 references- s.95(1)(c) Employment Rights Act 1996
- Western Excavating (ECC) Ltd v Sharp
- Malik v Bank of Credit and Commerce International SA
- Eiger Securities LLP v Korshunova
- s.119 Employment Rights Act 1996
- s.123 Employment Rights Act 1996
- s.207A Trade Union and Labour Relations (Consolidation) Act 1992
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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