Case 2308561/2020 · Employment Tribunal
Mrs Janet How v Sweet Selections N & L Limited — 2022
- Case reference
- 2308561/2020
- Decision date
- 11 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fowell
- Panel members
- Mr C Rogers, Mr J Hutchings
Parties
2 namedClaimant
Mrs Janet How
Respondent
Key findings
Tribunal's reasoningThe tribunal unanimously found that Mrs Janet How had been unfairly dismissed and that the dismissal was also in breach of contract. For the unfair dismissal claim, it awarded a basic award of £7,017.42 and a compensatory award of £3,123.04, together with a 25% ACAS uplift of £2,535.12, producing a total unfair dismissal award of £12,675.58. The compensatory award included £250 for loss of statutory rights and £2,873.04 for notice pay.
The tribunal also made a separate award of £483.96, described as 2 weeks' pay, for failure to provide a statement of terms and conditions of employment. The judgment notes that the £2,873.04 notice-pay element represented 12 weeks' notice pay to which the claimant was entitled, and said that this applied both to unfair dismissal and to wrongful dismissal/breach of contract.
The claimant's section 44(1)(d) Employment Rights Act 1996 detriment complaint was rejected. The judgment records a total award of £13,159.54, and separately orders the respondent to contribute £500 towards the claimant's legal costs.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal awarded a basic award of £7,017.42, a compensatory award of £3,123.04, and a 25% ACAS uplift of £2,535.12, giving a total award of £12,675.58 on the unfair dismissal claim. The compensatory award included £250 for loss of statutory rights and £2,873.04 for notice pay. | Upheld | — | £12,676 |
| Breach of contract | The tribunal held that the dismissal was in breach of contract. The judgment notes that the £2,873.04 notice-pay element represented 12 weeks' notice pay to which the claimant was entitled, both for unfair dismissal and for wrongful dismissal/breach of contract, but it does not identify a separate monetary award for this claim. | Upheld | — | — |
| Other | The tribunal made a further award of £483.96, described as 2 weeks' pay, for failure to provide a statement of terms and conditions of employment. | Upheld | — | £484 |
| Other | The claimant was not subject to a detriment under section 44(1)(d) Employment Rights Act 1996 (Health and Safety Cases). | Dismissed | — | — |
Remedy
Monetary award- Total award
- £13,160
- across all upheld claims
- Basic award
- £7,017
- statutory, unfair dismissal
- Compensatory award
- £3,123
- compensatory remedy recorded
Legal tests applied
2 references- s.44(1)(d) Employment Rights Act 1996
- ACAS Code of Practice
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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