Case 2404685/2022 · Employment Tribunal
Mr L Litwinenko-Jones v Greenfields Nursery Ltd — 2023
- Case reference
- 2404685/2022
- Decision date
- 21 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McCarthy REPRESENTATION
Parties
2 namedClaimant
Mr L Litwinenko-Jones
Respondent
Key findings
Tribunal's reasoningAt the Manchester CVP hearing on 17 March 2023, before Employment Judge McCarthy and with the respondent not in attendance, the tribunal dealt with claims for breach of contract, redundancy payment, and unfair dismissal. The breach of contract complaint in relation to notice pay was found well-founded, and the tribunal awarded £1,420.61 damages, calculated using gross pay to reflect the likelihood that the claimant would be taxed on it as Post Employment Notice Pay.
The tribunal also determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a redundancy payment of £2,308.41. It then found the unfair dismissal complaint under Part X Employment Rights Act 1996 well-founded and held that the claimant had been unfairly dismissed.
On remedy for unfair dismissal, the tribunal awarded a basic award of £2,308.41 but reduced that to nil because the claimant had already been awarded a redundancy payment in respect of the same dismissal. It also awarded £473.52, described as four weeks' gross pay for the time it would have taken to complete a fair redundancy consultation procedure, plus £236.76 for loss of statutory rights. The recoupment regulations were said not to apply.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the notice pay complaint well-founded and awarded damages of £1,420.61, calculated using gross pay because the claimant was likely to be taxed on it as Post Employment Notice Pay. | Upheld | — | £1,421 |
| Redundancy | Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a redundancy payment of £2,308.41. | Upheld | — | £2,308 |
| Unfair dismissal | The tribunal found the dismissal unfair under Part X Employment Rights Act 1996. It awarded a basic award of £2,308.41, but reduced that to nil because the same amount had been awarded as redundancy payment. It also awarded £473.52 for four weeks' gross pay during the period it would have taken to complete a fair redundancy consultation procedure, and £236.76 for loss of statutory rights. | Upheld | — | £710 |
Remedy
Monetary award- Total award
- £4,439
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
- Compensatory award
- £474
- compensatory remedy recorded
Legal tests applied
2 references- section 163 Employment Rights Act 1996
- Part X Employment Rights Act 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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