Case 2410145/2022 · Employment Tribunal

Mr K Banda v Charmaine Ndambo; and 2 others — 2024

Case reference: 2410145/2022
Decision date: 2 July 2024
Jurisdiction: England & Wales
Judge: Employment Judge Leach
Panel members: Ms H Sheard, Mr A Clarke

Indexed: 22 May 2026

Parties

4 named

Claimant

Mr K Banda

Respondents

Key findings

Tribunal's reasoning

The tribunal granted the claimant's amendment to include wrongful dismissal and found that he had been wrongfully dismissed. It awarded £9,868.10 for 11 weeks' notice pay, calculated on gross pay to reflect the likelihood of tax being payable on post-employment notice pay. It also found the unfair dismissal complaint well founded and made an unfair dismissal award consisting of a basic award of £7,994 and £500 for loss of statutory rights.

On the Equality Act 2010 claims, the tribunal held that in deciding to dismiss the claimant and in dismissing him, the respondents unlawfully discriminated against him for a reason related to his disability, contrary to section 15. The complaints of direct discrimination and failure to make reasonable adjustments were dismissed. The discrimination award was made jointly and severally against all three respondents.

The schedule recorded an injury to feelings award of £15,000, a 10% ACAS uplift, and interest of £2,140.93, producing a total injury to feelings award of £18,640.93. It also assessed 40 weeks' financial loss at £24,233.60 before a 30% reduction, then applied a 10% uplift, deducted Employment Support Allowance and other earnings, and added interest of £850.68 to reach £11,340.72. The discrimination compensation was grossed up to £41,331.57 and then reduced by the unfair dismissal basic award, leaving £33,343.57 payable as the discrimination award.

Claims and outcomes

5 findings recorded

This case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Wrongful dismissal	Amendment to add wrongful dismissal was granted. The tribunal found the claimant was wrongfully dismissed and awarded 11 weeks' notice pay against the third respondent, calculated on gross pay.	Upheld	—	£9,868
Unfair dismissal	The unfair dismissal complaint was well founded. The tribunal awarded a basic award of £7,994 and £500 for loss of statutory rights, payable by the third respondent.	Upheld	—	£8,494
Disability discrimination	The tribunal found that in deciding to dismiss the claimant and in dismissing him, the respondents unlawfully discriminated against him for a reason related to disability, contrary to section 15 Equality Act 2010. The award was grossed up and the unfair dismissal basic award was then deducted, leaving £33,343.57. The respondents were jointly and severally liable.	Upheld	Disability	£33,344
Disability discrimination	The complaint of direct discrimination failed and was dismissed.	Dismissed	Disability	—
Disability discrimination	The complaint of failure to make reasonable adjustments failed and was dismissed.	Dismissed

Remedy

Monetary award

Total award: £51,706; across all upheld claims
Basic award: £7,994; statutory, unfair dismissal
Compensatory award: £43,712; compensatory remedy recorded

Official outcome judgment PDF

Gov.uk primary record

The 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 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.

Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.