Case 2203759/2019 · Employment Tribunal
Mr A Gallagher v Dr Farooq Bajwa trading as Bajwa and Co Solicitors — 2021
- Case reference
- 2203759/2019
- Decision date
- 27 May 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smailes
Parties
2 namedClaimant
Mr A Gallagher
Key findings
Tribunal's reasoningAt a remote hearing on 27 May 2021 before Employment Judge Smailes sitting alone, the respondent did not attend. The tribunal amended the respondent's name to Dr Farooq Bajwa trading as Bajwa and Co Solicitors Ltd, dispensed with further service, and struck out the response because the respondent failed to comply with the case management orders of 5 February 2021, including the order to provide the documents listed in paragraph 5a, under rule 37(1)(a), (b) and (e).
The tribunal recorded that the claimant's claim of unfair dismissal under Part X of the Employment Rights Act 1996 was well founded and succeeded. It also found that the respondent was in breach of contract by dismissing the claimant without notice. The tribunal further found that the claimant did not contribute to his own dismissal.
The tribunal found that the respondent failed to follow the ACAS Code of Practice on disciplinary procedures, so a 25% uplift was attached to the compensatory award and the breach of contract damages. It awarded £33,097.78 for unfair dismissal, made up of a £2,100 basic award and a £30,997.78 compensatory award, and £2,855.56 for breach of contract. The total monetary award was £35,953.34, with a prescribed element of £28,054.58 for the period 25 July 2019 to 27 May 2021 and an excess of £7,898.76.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claim well founded and succeeded. The award comprised a basic award of £2,100 and a compensatory award of £30,997.78. The tribunal also recorded that the claimant did not contribute to his own dismissal and that a 25% uplift was attached because the ACAS Code was not followed. | Upheld | — | £33,098 |
| Breach of contract | The tribunal found the respondent was in breach of contract by dismissing the claimant without notice. A 25% uplift was attached to the damages because the ACAS Code was not followed. | Upheld | — | £2,856 |
Remedy
Monetary award- Total award
- £35,953
- across all upheld claims
- Basic award
- £2,100
- statutory, unfair dismissal
- Compensatory award
- £30,998
- compensatory remedy recorded
Legal tests applied
4 references- rule 37(1)(a), (b), and (e)
- Part X of the Employment Rights Act 1996
- ACAS Code of Practice on disciplinary procedures
- regulation 4 of the Employment Protection (Recoupment of Benefits) Regulations 1996
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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