Case 2308651/2020 · Employment Tribunal
Mrs Janet How v Sweet Selections N & L Limited — 2022
- Case reference
- 2308651/2020
- 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's dismissal by Sweet Selections N & L Limited was unfair and in breach of contract. It rejected her health and safety detriment claim under section 44(1)(d) of the Employment Rights Act 1996, finding that she had not been subject to such a detriment. Reasons were given orally at the hearing.
For unfair dismissal, the tribunal awarded £7,017.42 as a basic award and £3,123.04 as a compensatory award. A 25% uplift of £2,535.12 for failure to comply with the ACAS Code of Practice was applied to both awards, bringing the unfair dismissal award to £12,675.58.
The compensatory award comprised £250 for loss of statutory rights and £2,873.04 for notice pay. The tribunal found that Mrs How was entitled to 12 weeks' notice pay. That sum covered both unfair dismissal and wrongful dismissal/breach of contract and was included in the compensatory award.
The tribunal also found a failure to provide a statement of terms and conditions of employment and awarded two weeks' pay, £483.96. This brought the total award to £13,159.54. The respondent was separately ordered 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 | Includes a basic award of £7,017.42, a compensatory award of £3,123.04 and a 25% ACAS uplift of £2,535.12 applied to both awards. | Upheld | — | £12,676 |
| Breach of contract | The judgment describes this as wrongful dismissal/breach of contract. The £2,873.04 for 12 weeks' notice pay covered both unfair dismissal and breach of contract and was included in the unfair dismissal compensatory award, rather than awarded separately. | Upheld | — | — |
| Other | Failure to provide a statement of terms and conditions of employment; two weeks' pay awarded. | Upheld | — | £484 |
| Other | Health and safety detriment under section 44(1)(d) Employment Rights Act 1996. The tribunal found that the claimant had not been subject to such a detriment. | 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- Section 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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