Case 2403510/2020 · Employment Tribunal
Mr David Birch v Vicars Cross Golf Club Limited — 2021
- Case reference
- 2403510/2020
- Decision date
- 9 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Newstead Taylor
Parties
2 namedClaimant
Mr David Birch
Respondent
Key findings
Tribunal's reasoningThe tribunal upheld the claimant's unfair dismissal claim and ordered the respondent, Vicars Cross Golf Club Limited, to pay £32,566.56 as a compensatory award. The matter was heard at Manchester by CVP on 7 September 2021 before Employment Judge Newstead Taylor sitting alone, and the written judgment was sent on 9 September 2021.
The compensation figure was calculated from losses the parties had agreed. Those total losses were £59,533.31, made up of £44,039.31 for net loss of earnings between 8 January 2020 and 7 September 2021, £14,274 for net future loss of earnings from 8 September 2021 to 7 March 2022, £720 for loss of lunch benefits, and £500 for loss of statutory rights. The tribunal then deducted £4,170.36 net notice pay, leaving £55,362.95.
A 30% Polkey reduction was then applied to that subtotal, producing £38,754.07. Grossing up was not applied because the parties agreed the resulting figure was already above the statutory cap. The tribunal therefore capped the compensatory award at £32,566.56, being the claimant's gross annual pay.
The judgment also records that the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal ordered a compensatory award of £32,566.56 for unfair dismissal. The figure was based on agreed losses, a deduction for notice pay, a 30% Polkey reduction, and then the statutory cap at the claimant's gross annual pay. | Upheld | — | £32,567 |
Remedy
Monetary award- Total award
- £32,567
- across all upheld claims
- Compensatory award
- £32,567
- compensatory remedy recorded
Legal tests applied
3 references- Polkey reduction
- statutory cap
- 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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