Case 2400898/2024 · Employment Tribunal
Mr D Griffiths v Andrew Powell and 1 other — 2024
- Case reference
- 2400898/2024
- Decision date
- 18 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Benson REPRESENTATION
- Venue
- Liverpool
Parties
3 namedClaimant
Mr D Griffiths
Respondents
Key findings
Tribunal's reasoningEmployment Judge Benson, sitting at Liverpool on 5 June 2024, found that the claimant Mr D Griffiths had been unfairly dismissed by the respondents Andrew Powell and Christina Powell. The respondents did not attend the hearing and the claimant appeared in person. The Tribunal further found that the respondents had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, making it just and equitable to increase the compensatory award by 25% under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992.
For the unfair dismissal complaint the Tribunal awarded a basic award of £1,286.00 (two weeks at the statutory cap of £643.00) and a compensatory award of £3,475.00, comprising actual loss of earnings of £476.00 from 25 October 2023 to 5 June 2024, future loss of £1,807.00 (at £41 per week to April 2025), loss of statutory rights of £500.00, and the 25% ACAS uplift of £695.00. The Employment Protection (Recoupment of Benefits) Regulations 1996 were stated not to apply.
The Tribunal also upheld the complaint of unauthorised deductions from wages in respect of 23 and 24 October 2023, awarding £373.00 gross, and the breach of contract complaint relating to notice pay, awarding £1,679.90 calculated on gross pay to reflect likely Post Employment Notice Pay tax treatment. Reasons were given orally; written reasons would only be provided on timely request.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Basic award £1,286.00 plus compensatory award £3,475.00 (which includes a 25% ACAS uplift of £695.00 under s.207A TULR(C)A 1992 for the respondents' unreasonable failure to comply with the ACAS Code). | Upheld | — | £4,761 |
| Unlawful deduction from wages | Unauthorised deduction on 23 and 24 October 2023; £373.00 gross awarded, claimant responsible for any tax/NI. | Upheld | — | £373 |
| Breach of contract | Notice pay damages calculated on gross pay to reflect likely tax treatment as Post Employment Notice Pay. | Upheld | — | £1,680 |
Remedy
Monetary award- Total award
- £6,814
- across all upheld claims
- Basic award
- £1,286
- statutory, unfair dismissal
- Compensatory award
- £3,475
- compensatory remedy recorded
Legal tests applied
3 references- s.207A Trade Union and Labour Relations (Consolidation) Act 1992
- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- 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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