Case 1802836/2021 · Employment Tribunal
Miss P Bensley v J & K Retail Limited — 2021
- Case reference
- 1802836/2021
- Decision date
- 20 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tegerdine Representation
- Venue
- Leeds
Parties
2 namedClaimant
Miss P Bensley
Respondent
Key findings
Tribunal's reasoningThe tribunal at Leeds, before Employment Judge Tegerdine, held that Miss P Bensley was unfairly dismissed by J & K Retail Limited. In the schedule to the judgment, the tribunal calculated a basic award of £784.80 using 3 years' service multiplied by 1.5 and a gross weekly pay figure of £174.40. The compensatory award was calculated at £3,551.20, made up of net loss of wages of £3,051.20 plus £500 for loss of statutory rights, producing a total unfair dismissal award of £4,336.00. The Employment Protection (Recoupment of Benefits) Regulations 1996 applied, with a prescribed element of £3,051.20 covering 8 March 2021 to 16 September 2021.
On the unlawful deduction from wages complaint, the tribunal found the claim well founded and ordered the respondent to pay £34.88 gross, being the amount properly payable for work performed on 1 February 2021.
On the breach of contract claim, the tribunal found that the claimant was dismissed without notice on 8 February 2021 at a time when she was entitled to four weeks' notice. It therefore awarded £697.60 gross, equivalent to four weeks' pay, as damages for breach of contract. Paragraph D of the judgment states an immediate-payment figure of £2,016.68 and refers to a basic award of £784.20, but the schedule calculates the basic award as £784.80 and the total unfair dismissal award as £4,336.00.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed. The schedule calculates a basic award of £784.80 and a compensatory award of £3,551.20, giving a total unfair dismissal award of £4,336.00. Paragraph D refers to a basic award of £784.20 in the immediate-payment breakdown, which is inconsistent with the schedule. | Upheld | — | £4,336 |
| Unlawful deduction from wages | The tribunal found the claim well founded and awarded £34.88 gross for wages properly payable for work performed on 1 February 2021. | Upheld | — | £35 |
| Breach of contract | The tribunal found the claimant was dismissed without notice on 8 February 2021 when she was entitled to four weeks' notice, and awarded £697.60 gross as damages equivalent to four weeks' pay. | Upheld | — | £698 |
Remedy
Monetary award- Total award
- £4,336
- across all upheld claims
- Basic award
- £785
- statutory, unfair dismissal
- Compensatory award
- £3,551
- 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.
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