Case 2407225/2023 · Employment Tribunal
Mr M Vango v The Bowness Pudding Company Limited — 2023
- Case reference
- 2407225/2023
- Decision date
- 13 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Franey
Parties
2 namedClaimant
Mr M Vango
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Mr M Vango was unfairly dismissed. It awarded a basic award of £3,298.05 and a compensatory award of £2,407.23, the latter made up of £500 for loss of statutory rights, £136.35 for pension loss, £1,054.10 for 2.75 weeks between 22 March and 9 April 2023, and £716.78 for 30.75 weeks between 10 April and 9 November 2023 after credit for earnings from new employment of £360 per week. The total monetary award for unfair dismissal was stated to be £5,705.28, and recoupment applied. The prescribed element was £1,770.88 and the amount by which the monetary award exceeded the prescribed element was £3,934.40.
The complaint of breach of contract in relation to notice pay succeeded and £2,355.75 was ordered. The tribunal said that sum had been calculated using gross pay because of the likelihood that the claimant would be taxed on post-employment notice pay. It then increased the above sums by four weeks' pay of £1,884.60 because the respondent had failed to provide a written statement of the main terms of employment.
The tribunal declared that the respondent had failed in its duty to provide itemised pay statements, but made no additional award in respect of unauthorised deductions. It made no award for alleged failures to provide pension contributions to NEST or to forward National Insurance and tax contributions to HMRC, saying those matters were for the Pensions Regulator and HMRC respectively. After a 20% uplift for the respondent's unreasonable failure to follow the ACAS Code of Practice, the total amount payable was £11,934.76.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the dismissal unfair and awarded a basic award of £3,298.05 and a compensatory award of £2,407.23. The unfair dismissal monetary award was stated to be £5,705.28, with recoupment applying; the prescribed element was £1,770.88 and the excess was £3,934.40. | Upheld | — | £5,705 |
| Breach of contract | The breach of contract claim succeeded in relation to notice pay. The award of £2,355.75 was calculated on gross pay to reflect the likelihood that post-employment notice pay would be taxed. | Upheld | — | £2,356 |
| Other | The tribunal increased the award by four weeks' pay because the respondent failed to provide a written statement of the main terms of employment. | Upheld | — | £1,885 |
| Other | The tribunal declared that the respondent failed in its duty to provide itemised pay statements. No additional award was made in respect of unauthorised deductions. | Upheld | — | — |
Remedy
Monetary award- Total award
- £11,935
- across all upheld claims
- Basic award
- £3,298
- statutory, unfair dismissal
- Compensatory award
- £2,407
- compensatory remedy recorded
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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