Case 2301303/2019 · Employment Tribunal

Mr Javier Sanchez Ortiz v Mitie Limited — 2022

Case reference: 2301303/2019
Decision date: 27 January 2022
Jurisdiction: England & Wales
Judge: Employment Judge Abbott
Venue: London South
Panel members: Mrs G Mitchell, Mr J Bendall

Indexed: 24 May 2026

Parties

2 named

Claimant

Mr Javier Sanchez Ortiz

Respondent

Mitie Limited

Key findings

Tribunal's reasoning

The tribunal unanimously found for Mr Javier Sanchez Ortiz on four claims against Mitie Limited. It held that he was unfairly dismissed for a reason falling within section 152(1)(ba) of the Trade Union and Labour Relations (Consolidation) Act 1992, that he was subjected to detriments on grounds related to union membership or activities under section 146(1)(ba) of that Act, that the respondent acted in breach of contract by dismissing him without notice, and that the respondent failed to comply with section 10(4) of the Employment Relations Act 1999.

The written judgment record does not set out the tribunal's factual reasons, because reasons were given orally and written reasons would only be produced on request. The formal judgment records the outcomes and remedy only. Compensation totalled £37,915.31, comprising a basic award of £6,203.00 and a compensatory award of £11,314.61 for unfair dismissal, £10,000.00 for injury to feelings arising from the trade union detriment claim, £2,227.12 for breach of contract, a 25% uplift under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 of £7,436.18 on the above figures, and £734.40 under section 11 of the Employment Relations Act 1999.

Claims and outcomes

4 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The tribunal found the claimant was unfairly dismissed for a reason falling within section 152(1)(ba) of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment record states a basic award of £6,203.00 and a compensatory award of £11,314.61 for unfair dismissal.	Upheld	—	£17,518
Trade union	This reflects the finding that the respondent subjected the claimant to detriments on grounds related to union membership or activities under section 146(1)(ba) of the Trade Union and Labour Relations (Consolidation) Act 1992. The judgment awards £10,000.00 for injury to feelings on this claim.	Upheld	—	£10,000
Breach of contract	The tribunal found the respondent acted in breach of contract by dismissing the claimant without notice.	Upheld	—	£2,227
Other	The tribunal found the respondent failed to comply with section 10(4) of the Employment Relations Act 1999 and made an award under section 11 of that Act. The locked taxonomy does not contain a separate category for right to be accompanied claims.	Upheld	—	£734

Remedy

Monetary award

Total award: £37,915; across all upheld claims
Basic award: £6,203; statutory, unfair dismissal
Compensatory award: £11,315; 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.

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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