Case 2302550/2023 · Employment Tribunal
Ms M Kamau v Digital Mauve Limited — 2024
- Case reference
- 2302550/2023
- Decision date
- 15 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fredericks-Bowyer Appearances
Parties
2 namedClaimant
Ms M Kamau
Respondent
Key findings
Tribunal's reasoningThe tribunal found that Ms M Kamau was dismissed on 19 April 2023 and that the dismissal was automatically unfair because it was prompted by her assertion of her statutory right to be paid by her employer. The tribunal awarded no basic award and fixed the compensatory award at £35,100. It said that figure was made up of £25,200 past losses and £12,090 future losses, but was limited by the statutory cap calculated by reference to 52 weeks at £675 gross weekly pay.
The tribunal also found that the claimant suffered an unlawful deduction from wages in April 2023 and ordered payment of £1,575. Separately, it ordered payment of £675 for notice pay. The judgment does not expressly label the notice-pay issue as wrongful dismissal or breach of contract, but it records the amount as compensation payable to the claimant and to be dealt with for tax purposes through HMRC.
In addition, the tribunal found a series of instances of harassment related to race and assessed compensation for injury to feelings at £16,000. The total sum payable by the respondent was therefore £53,350, comprising the unfair dismissal compensatory award, the wages deduction award, the notice-pay award, and the race-harassment injury to feelings award.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the dismissal on 19 April 2023 was automatically unfair under s104(1)(b) ERA 1996 read with s13 ERA 1996. The remedy was a nil basic award and a compensatory award of £35,100, capped at 52 x £675 gross weekly pay. | Upheld | — | £35,100 |
| Unlawful deduction from wages | The tribunal found an unlawful deduction from wages in April 2023 and ordered payment of £1,575, to be accounted for to HMRC for tax. | Upheld | — | £1,575 |
| Other | The tribunal ordered £675 for unpaid notice pay. The judgment does not expressly label this issue as wrongful dismissal or breach of contract, so it is recorded as other. | Upheld | — | £675 |
| Harassment | The tribunal found a series of instances of harassment related to race and assessed compensation for injury to feelings at £16,000. | Upheld | Race | £16,000 |
Remedy
Monetary award- Total award
- £53,350
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
- Compensatory award
- £35,100
- compensatory remedy recorded
Legal tests applied
2 references- s104(1)(b) Employment Rights Act 1996
- s13 Employment Rights Act 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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