Case 2409171/2021 · Employment Tribunal
Mr Linval Hermitt v Trafford Council — 2023
- Case reference
- 2409171/2021
- Decision date
- 30 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cookson
- Venue
- Manchester
- Panel members
- Ms Gilchrist, Ms Whistler
Parties
2 namedClaimant
Mr Linval Hermitt
Respondent
Key findings
Tribunal's reasoningThe Tribunal unanimously dismissed the claimant's complaint that he was dismissed in accordance with s95(1)(c) of the Employment Rights Act 1996. It also dismissed the associated unfair dismissal claims under sections 94 and 98 and the automatically unfair dismissal claim under section 103A.
The Tribunal also dismissed the claimant's complaints under section 47B of the Employment Rights Act 1996. The written judgment states that the reasons were substantially the same as the reasons for the earlier deposit order, and that the claimant had not shown that he acted reasonably in pursuing his constructive dismissal claim, so the deposit was to be paid to the respondent.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The written judgment states that the complaint that the claimant was dismissed in accordance with s95(1)(c) ERA was not upheld and was dismissed. Written reasons were not provided in the source text. | Dismissed | — | — |
| Unfair dismissal | The written judgment states that the unfair dismissal claims under sections 94 and 98 ERA did not succeed and were dismissed. Written reasons were not provided in the source text. | Dismissed | — | — |
| Whistleblowing | The written judgment states that the automatically unfair dismissal claim under section 103A ERA and complaints under section 47B ERA were not upheld and were dismissed. Written reasons were not provided in the source text. | Dismissed | — | — |
Legal tests applied
5 references- s95(1)(c) Employment Rights Act 1996
- sections 94 and 98 Employment Rights Act 1996
- section 103A Employment Rights Act 1996
- section 47B Employment Rights Act 1996
- Rule 39(5)(b) Employment Tribunal Rules of Procedure
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
- Open official judgment 4 PDF on gov.uk
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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