Case 2301230/2023 · Employment Tribunal
(1) Miss E Kalasauskaite (2) Mrs. S Appleby v Mitie Limited — 2026
- Case reference
- 2301230/2023
- Decision date
- 25 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McLaren Representation
- Venue
- London South in person
Parties
2 namedClaimant
(1) Miss E Kalasauskaite (2) Mrs. S Appleby
Respondent
Key findings
Tribunal's reasoningThe tribunal found that both claimants were dismissed by reason of redundancy. It held that the dismissals were substantively and procedurally fair under section 98 of the Employment Rights Act 1996, so the ordinary unfair dismissal complaints did not succeed.
The tribunal also dismissed both claimants' automatically unfair dismissal claims under sections 152 and 153 of the Trade Union and Labour Relations (Consolidation) Act. It upheld both claimants' breach of contract claims, awarding redundancy pay calculated in accordance with AFC terms, with the second claimant's breach of contract award capped at the tribunal's jurisdictional maximum.
The tribunal further upheld both claimants' claims for failure to provide a written statement of employment particulars. It awarded each claimant four weeks' pay for that breach.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found both claimants were dismissed by reason of redundancy and that the dismissals were substantively and procedurally fair under section 98 Employment Rights Act 1996. | Dismissed | — | — |
| Trade union | The claims for automatically unfair dismissal under section 152 of the Trade Union and Labour Relations (Consolidation) Act did not succeed for either claimant. | Dismissed | — | — |
| Trade union | The claims for automatically unfair dismissal under section 153 of the Trade Union and Labour Relations (Consolidation) Act did not succeed for either claimant. | Dismissed | — | — |
| Breach of contract | The breach of contract awards were for redundancy pay calculated in accordance with AFC terms. The second claimant's award was reduced to reflect the Employment Tribunal's maximum jurisdiction for a breach of contract claim. | Upheld | — | £43,115 |
| Other | The tribunal upheld both claimants' claims for failure to provide a written statement of employment particulars as required by the Employment Rights Act 1996, awarding four weeks' pay to each claimant. | Upheld | — | £5,525 |
Remedy
Monetary award- Total award
- £48,640
- across all upheld claims
Legal tests applied
4 references- section 98 Employment Rights Act 1996
- section 152 TU&LR (Consolidation) Act
- section 153 TU&LR (Consolidation) Act
- section 1 Employment Rights Act
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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