Case 2302743/2023 · Employment Tribunal
Mr M Clarke v Seeclear Facilities UK Ltd — 2023
- Case reference
- 2302743/2023
- Decision date
- 3 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge D Wright REPRESENTATION
Parties
2 namedClaimant
Mr M Clarke
Respondent
Key findings
Tribunal's reasoningThe tribunal upheld Mr M Clarke's complaint of unfair dismissal against Seeclear Facilities UK Ltd. It found that the dismissal was unfair and recorded that there was a 50% chance the claimant would have been fairly dismissed in any event.
The tribunal also found that the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. For that reason, it increased the compensatory award by 10% under s 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.
The tribunal ordered a basic award of £4,422.50 and a compensatory award of £2,763.20, stating that these were the actual sums payable after any deductions or uplifts had been applied. It recorded a total monetary award of £7,185.70 for unfair dismissal.
Recoupment under the Employment Protection (Recoupment of Benefits) Regulations 1996 applied. The prescribed element was £2,763.20 for the period from 4 April 2023 to 3 October 2023, and the respondent was ordered to pay £4,422.50 forthwith while retaining the prescribed element pending service of a DWP certificate.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the complaint of unfair dismissal well-founded. It awarded a basic award of £4,422.50 and a compensatory award of £2,763.20, stated to be the actual sums payable after deductions or uplifts. The total monetary award for unfair dismissal was £7,185.70. Recoupment under the Employment Protection (Recoupment of Benefits) Regulations 1996 applied, with the prescribed element fixed at £2,763.20 for the period 4 April 2023 to 3 October 2023. | Upheld | — | £7,186 |
Remedy
Monetary award- Total award
- £7,186
- across all upheld claims
- Basic award
- £4,423
- statutory, unfair dismissal
- Compensatory award
- £2,763
- compensatory remedy recorded
Legal tests applied
3 references- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s 207A Trade Union & Labour Relations (Consolidation) Act 1992
- 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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