Case 2301007/2021 · Employment Tribunal
Mr G Bocazzi For the v Mr J J Oh CORRECTED — 2023
- Case reference
- 2301007/2021
- Decision date
- 15 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Siddall
- Venue
- Croydon
- Panel members
- Ms N O'Hara, Mr M Marenda
Parties
2 namedClaimant
Mr G Bocazzi For the
Respondent
Key findings
Tribunal's reasoningAt Croydon on 9, 10 and 11 August 2023, before Employment Judge Siddall with Ms N O'Hara and Mr M Marenda, the tribunal held that Ms M B Almiron succeeded in her claims under s.100 and s.103A of the Employment Rights Act 1996. It also recorded that the claim under s.38 Employment Act 2002 succeeded, and that the claim of direct discrimination because of sex contrary to s.13 Equality Act 2010 succeeded.
For the dismissal claims, the tribunal awarded a compensatory award of £1,545 for the period 22 January 2021 to 4 May 2021. That figure was calculated by reference to 15 weeks' loss of earnings at £200 net per week and 15 weeks' pension loss at 3% of £200 per week, with a 50% Polkey reduction applied to reflect the chance that the claimant would not have remained employed until 4 May 2021.
On remedy for the sex discrimination claim, the tribunal awarded £300 for loss of bonus, £120 for 12 additional hours' pay in October 2020, and £5,000 for injury to feelings, together with interest of £1,129.70 on the injury to feelings award and £46.22 on the other pecuniary losses. The judgment states a total award of £8,940.22, applies the Employment Protection (Recoupment of Benefits) Regulations 1996, sets the prescribed element at £1,500, and the excess at £7,440.92; the extracted figures do not fully reconcile arithmetically.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | Succeeded under s.103A Employment Rights Act 1996. The judgment does not split a separate monetary award for this finding away from the dismissal award. | Upheld | — | — |
| Other | Claim under s.38 Employment Act 2002 succeeded. The tribunal awarded four weeks' pay at £200 net per week, totalling £800. | Upheld | — | £800 |
| Unfair dismissal | Succeeded under s.100 Employment Rights Act 1996. The tribunal awarded a compensatory award of £1,545 for 22 January 2021 to 4 May 2021, calculated from 15 weeks' loss of earnings at £200 net per week and 15 weeks' pension loss at 3%, less a 50% Polkey reduction. | Upheld | — | £1,545 |
| Sex discrimination | Direct sex discrimination contrary to s.13 Equality Act 2010 succeeded. The tribunal awarded £300 for loss of bonus, £120 for 12 additional hours' pay in October 2020, and £5,000 for injury to feelings, with interest awarded separately. | Upheld | Sex | £5,420 |
Remedy
Monetary award- Total award
- £8,940
- across all upheld claims
- Compensatory award
- £1,545
- compensatory remedy recorded
Legal tests applied
5 references- s.100 Employment Rights Act 1996
- s.103A Employment Rights Act 1996
- s.38 Employment Act 2002
- s.13 Equality Act 2010
- Polkey reduction
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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