Case 1803027/2022 · Employment Tribunal
Miss D Mattinson v Dr A Milner t/a Anlaby Surgery — 2022
- Case reference
- 1803027/2022
- Decision date
- 16 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McAvoy Newns
- Venue
- Leeds
Parties
2 namedClaimant
Miss D Mattinson
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Miss D Mattinson was unfairly dismissed contrary to section 98 of the Employment Rights Act 1996. It found the claim well-founded and recorded that no Polkey reduction should be made. The tribunal also found that the respondent did not unreasonably fail to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, so no uplift was awarded.
The claimant’s separate breach of contract claim, brought pursuant to the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, was found not well-founded and was dismissed.
On remedy, the tribunal awarded a basic award of £3,264 and a compensatory award of £21,176.23. It stated that these were gross sums and that the claimant was responsible for any income tax and/or national insurance contributions due on them.
The tribunal applied the recoupment provisions. It recorded a prescribed element of £17,078.43 for the period from 20 January 2022 to 11 November 2022, a total award of £24,440.23, and an excess over the prescribed element of £7,361.80.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the dismissal unfair contrary to section 98 of the Employment Rights Act 1996. No Polkey reduction was made and no ACAS uplift was applied. | Upheld | — | £24,440 |
| Breach of contract | The claim for breach of contract under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 was found not well-founded and dismissed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £24,440
- across all upheld claims
- Basic award
- £3,264
- statutory, unfair dismissal
- Compensatory award
- £21,176
- compensatory remedy recorded
Legal tests applied
4 references- section 98 Employment Rights Act 1996
- Polkey reduction
- ACAS Code of Practice on Disciplinary and Grievance Procedures
- Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
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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