Case 2303401/2021 · Employment Tribunal
Ms E. Robinson v Oxleas NHS Foundation Trust — 2022
- Case reference
- 2303401/2021
- Decision date
- 31 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T.R. Smith
- Venue
- London South via CVP
Parties
2 namedClaimant
Ms E. Robinson
Respondent
Key findings
Tribunal's reasoningOn 31 March 2022, Employment Judge T.R. Smith recorded that Ms E. Robinson had been employed by Oxleas NHS Foundation Trust for a continuous period of not less than two years ending with the effective date of termination. The written record does not set out further reasons, noting that oral reasons had been given at the hearing and that no written reasons would be provided unless requested.
At the remedy hearing on 1 September 2022 before Employment Judge Carney, the Tribunal ordered the Respondent to pay £10,273.25 in respect of unfair dismissal compensation. That sum comprised a basic award of £2,726.19 and a compensatory award of £7,547.06. The compensatory award was calculated by reference to loss of earnings and loss of statutory rights, less mitigation, and was uplifted by 15% for the Respondent’s failure to follow the ACAS code of practice on disciplinary and grievance procedures.
The Tribunal also awarded £605.82 under section 38(3) of the Employment Act 2002 for failure to provide statutory employment particulars. The remedy judgment states that the recoupment provisions do not apply.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The 31 March 2022 judgment records that the claimant had been employed for a continuous period of not less than two years ending with the effective date of termination. The later remedy judgment of 1 September 2022 awarded unfair dismissal compensation. | Upheld | — | £10,273 |
| Other | Award made pursuant to section 38(3) Employment Act 2002 for failure to provide statutory employment particulars. | Upheld | — | £606 |
Remedy
Monetary award- Total award
- £10,879
- across all upheld claims
- Basic award
- £2,726
- statutory, unfair dismissal
- Compensatory award
- £7,547
- compensatory remedy recorded
Legal tests applied
2 references- section 38(3) Employment Act 2002
- ACAS code of practice on disciplinary and grievance procedures
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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