Case 2413399/2020 · Employment Tribunal
Mr A Beaumont v Roberts Solicitors Ltd — 2022
- Case reference
- 2413399/2020
- Decision date
- 29 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Horne Members
- Venue
- Liverpool
- Panel members
- Ms L Atkinson, Ms S Khan
Parties
2 namedClaimant
Mr A Beaumont
Respondent
Key findings
Tribunal's reasoningBy consent, the tribunal recorded that Roberts Solicitors Ltd breached Mr Beaumont's contract of employment by failing to pay his full contractual remuneration during his notice period. That paragraph was made by consent, while the remaining decisions were disputed.
On the merits, the tribunal held that Mr Beaumont was unfairly dismissed. It found that redundancy was the sole or principal reason for dismissal, but the respondent acted unreasonably in treating redundancy as a sufficient reason to dismiss him. The tribunal also said that any compensatory award for unfair dismissal would be reduced to reflect an 80% chance that he would have remained in employment and a 20% chance that he would have been fairly dismissed in any event on 4 July 2020.
The whistleblowing complaint was not finally determined because the tribunal did not decide whether it had jurisdiction under section 48 of the Employment Rights Act 1996. It nevertheless stated that, if it had jurisdiction, it would have found a detriment in placing Mr Beaumont on furlough leave because he made a protected disclosure. The tribunal rejected the complaints that the respondent harassed Mr Beaumont or discriminated against him because of Mrs Beaumont's disability, and it found that the respondent failed to pay one week's accrued annual leave on termination of employment.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Paragraph 1 was made by consent: the respondent failed to pay full contractual remuneration during the claimant's notice period. | Settled | — | — |
| Unfair dismissal | The tribunal found redundancy was the sole or principal reason for dismissal, but the respondent acted unreasonably in treating that reason as sufficient to dismiss the claimant. | Upheld | — | — |
| Whistleblowing | The tribunal did not determine jurisdiction under section 48 ERA 1996, but said that if it had jurisdiction it would find a detriment by placing the claimant on furlough leave because he made a protected disclosure. | Other | — | — |
| Harassment | The complaint concerned Mrs Beaumont's disability. | Dismissed | Disability | — |
| Disability discrimination | The complaint concerned Mrs Beaumont's disability. | Dismissed | Disability | — |
| Holiday pay | The respondent failed to pay one week's accrued annual leave on termination of employment. | Upheld | — | — |
Legal tests applied
1 reference- section 48 ERA 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
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