Ms L Benn v Professional Game Match Officials Limited — 2025

The claimant withdrew her claims for direct sex discrimination and unlawful deduction from wages, and those claims were dismissed on withdrawal. The Tribunal dismissed the harassment related to sex claim by a majority decision, dismissed the victimisation claim unanimously, and dismissed the unfair dismissal claim unanimously.

On unfair dismissal, the Tribunal accepted that the respondent had shown a potentially fair reason connected with the claimant no longer being included on the international match officials FIFA list, either as a qualifications reason under section 98(3)(b) Employment Rights Act 1996 or, alternatively, some other substantial reason. It concluded that the respondent acted within the band of reasonable responses in dismissing the claimant in the circumstances.

The breach of contract claim succeeded. The Tribunal found that the contract did not clearly give the respondent a right to replace the clause 3.5 notice period with a payment in lieu of basic salary only, and applied the contra proferentem rule in the claimant's favour. The judgment stated that a remedy hearing would be listed for damages arising from that breach only.