Ms G Howson v Restore (Cumbria) — 2023

The Tribunal first held that it was not reasonably practicable for Ms G Howson to present her complaints within the primary time limits, and that she presented them within a reasonable further period. The Tribunal therefore accepted jurisdiction to hear the case.

On the merits, the complaint of automatic unfair dismissal contrary to section 104(1)(b) Employment Rights Act 1996 succeeded. The complaint of unauthorised deductions from wages under section 13 Employment Rights Act 1996 also succeeded, and the respondent was ordered to pay £1,113.76 gross.

The Tribunal further upheld the complaint that there had been an infringement of the right to be accompanied at a disciplinary hearing under section 10 Employment Relations Act 1999, and the complaint that the respondent failed to provide a written statement of employment particulars contrary to section 1 Employment Rights Act 1996.

Two other automatic unfair dismissal complaints were dismissed: the complaint under section 100(1)(e) Employment Rights Act 1996 and the complaint under section 103A Employment Rights Act 1996. The written record also includes a notice under the Employment Tribunals (Interest) Order 1990 stating that the relevant decision day was 6 March 2023, the calculation day was 7 March 2023, and the stipulated rate of interest was 8% per annum, but no separate interest sum was set out in the judgment.