Case 2408961/2020 · Employment Tribunal
Mrs S Butterworth v Mr Philip Butterworth and Mr Andy Gray (a firm) t/a Red Rose Leisure — 2022
- Case reference
- 2408961/2020
- Decision date
- 6 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Rawlinson
- Venue
- Manchester ET
Parties
2 namedClaimant
Mrs S Butterworth
Key findings
Tribunal's reasoningAt Manchester Employment Tribunal on 5 and 6 September 2022, Employment Judge M Rawlinson sat alone and found that Mrs S Butterworth succeeded in her claims for unfair dismissal and breach of contract against Mr Philip Butterworth and Mr Andy Gray (a firm) t/a Red Rose Leisure. The judgment records both claims as successful and does not set out any separate factual findings beyond that outcome in the written record provided.
The tribunal applied a 33% reduction to the compensatory award under Polkey v A E Dayton Services Limited 1988 ICR 142. It also recorded that no basic award was payable. The respondent was ordered to pay a compensatory award for unfair dismissal and damages for breach of contract in the total net sum of £4,433.52.
The written judgment does not apportion that sum between the two claims, so the monetary award is recorded as a combined figure rather than a split award. The decision was sent to the parties on 6 September 2022.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal upheld the unfair dismissal claim and applied a 33% reduction to the compensatory award under Polkey v A E Dayton Services Limited 1988 ICR 142. The unfair dismissal award was part of a combined net sum of £4,433.52 with the breach of contract award, and no basic award was payable. | Upheld | — | — |
| Breach of contract | The tribunal upheld the breach of contract claim and included damages in the combined net sum of £4,433.52 ordered to be paid to the claimant. The judgment did not split the amount between the unfair dismissal and breach of contract heads of claim. | Upheld | — | — |
Remedy
Monetary award- Total award
- £4,434
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
- Compensatory award
- £4,434
- compensatory remedy recorded
Legal tests applied
1 reference- Polkey v A E Dayton Services Limited 1988 ICR 142
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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