Case 1807132/2020 · Employment Tribunal

Mr J Robinson v Empire Elevators Ltd — 2021

Case reference: 1807132/2020
Decision date: 10 October 2021
Jurisdiction: England & Wales
Judge: Employment Judge Moss REPRESENTATION

Indexed: 22 May 2026

Parties

2 named

Claimant

Mr J Robinson

Respondent

Empire Elevators Ltd

Key findings

Tribunal's reasoning

Mr Robinson’s unfair dismissal claim succeeded. The tribunal awarded £5,434.36, made up of a £540 basic award and a £4,894.36 compensatory award. The compensatory award included £3,949.02 for loss of earnings, £140.40 for loss of pension, £360 for loss of statutory rights, and a 10% uplift of £444.94 for the respondent’s failure to follow the ACAS Code of Practice on disciplinary and grievance procedures.

The tribunal also found that Empire Elevators Ltd breached its duty to provide a written statement of particulars of employment under section 1(1) ERA 1996. It ordered an additional £720, being two weeks’ pay, under section 38 of the Employment Act 2002. For recoupment purposes, the prescribed element was £3,949.02, the prescribed period was 2 October 2020 to 4 January 2021, and the total monetary award was £6,154.36 with an excess of £2,205.34.

The tribunal held that Mr Robinson was wrongfully dismissed, but made no separate damages award because of the principle against double recovery. The claims for accrued but untaken annual leave and for arrears of pay were withdrawn by the claimant and were dismissed upon withdrawal.

Claims and outcomes

5 findings recorded

This 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	Award of £5,434.36, comprising a basic award of £540 and a compensatory award of £4,894.36. The compensatory award included £3,949.02 for loss of earnings, £140.40 for loss of pension, £360 for loss of statutory rights, and a 10% ACAS uplift of £444.94.	Upheld	—	£5,434
Other	Breach of duty to provide a written statement of particulars of employment under section 1(1) ERA 1996. The tribunal ordered an additional £720, being two weeks' pay, under section 38 Employment Act 2002.	Upheld	—	£720
Wrongful dismissal	The tribunal held the claimant was wrongfully dismissed but made no separate award because of the principle against double recovery.	Upheld	—	—
Holiday pay	Claim for compensation in respect of accrued but untaken annual leave; dismissed upon withdrawal by the claimant.	Withdrawn	—	—
Other	Claim for arrears of pay; dismissed upon withdrawal by the claimant.	Withdrawn	—	—

Remedy

Monetary award

Total award: £6,154; across all upheld claims
Basic award: £540; statutory, unfair dismissal
Compensatory award: £4,894; compensatory remedy recorded

Legal tests applied

5 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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