Case 2401910/2024 · Employment Tribunal
Mr M Wallington v Asda Stores Limited — 2025
- Case reference
- 2401910/2024
- Decision date
- 4 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Phil Allen
Parties
2 namedClaimant
Mr M Wallington
Respondent
Key findings
Tribunal's reasoningThe claimant, a General Store Manager, was dismissed following allegations concerning conduct in the store. The tribunal found that conduct was the reason for dismissal and that the respondent had reasonable grounds for its belief, had carried out a reasonable investigation, and had acted within the range of reasonable responses in dismissing him.
The tribunal rejected arguments that differences in treatment of other staff or an earlier unrelated case rendered the dismissal unfair, accepting that the claimant's role as General Store Manager materially distinguished his position. The unfair dismissal complaint was therefore dismissed.
For the breach of contract claim concerning notice, the tribunal found that the claimant had conducted himself in a way amounting to a fundamental breach of contract and that the respondent was entitled to terminate without notice. That claim was also dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Recorded from the judgment. | Dismissed | — | — |
| Breach of contract | The judgment describes this as breach of contract regarding notice and also refers to the wrongful dismissal issue; the complaint was dismissed because the respondent was entitled to dismiss without notice. | Dismissed | — | — |
Legal tests applied
4 references- Burchell
- Polkey
- Hadjioannou
- MBNA
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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