Case 2500074/2023 · Employment Tribunal

Mr D Kelly v Mowlem and Company (Manufacturing) Limited — 2022

Case reference: 2500074/2023
Decision date: 26 October 2022
Jurisdiction: England & Wales
Judge: Employment Judge Murphy
Venue: Newcastle
Panel members: Ms L Jackson, Mr R Greig

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr D Kelly

Respondent

Mowlem and Company (Manufacturing) Limited

Key findings

Tribunal's reasoning

At the hearing in Newcastle on 26 and 27 June 2023 before Employment Judge Murphy, Ms L Jackson and Mr R Greig, the tribunal unanimously held that Mr D Kelly was unfairly dismissed by Mowlem and Company (Manufacturing) Limited. The tribunal ordered the respondent to pay £4,250 compensation for that claim.

The tribunal dismissed Mr Kelly's disability discrimination complaints, which were brought under sections 15, 13, 20 and 21 of the Equality Act 2010. Each of those complaints was recorded as not well founded and was dismissed.

The tribunal also dismissed Mr Kelly's breach of contract claim about an asserted entitlement to a pay increase from 12 weeks after 2 August 2017 until the end of employment, and it dismissed his complaints relating to pay said to be owed between 3 and 26 October 2022, pleaded as breach of contract and/or an unauthorised deduction from wages.

Mr Kelly's statutory redundancy payment complaint was withdrawn at the hearing on 26 June 2023 and dismissed pursuant to Rule 52 of the ET Rules 2013.

Claims and outcomes

8 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The tribunal unanimously found that the claimant was unfairly dismissed and ordered the respondent to pay £4,250 compensation.	Upheld	—	£4,250
Disability discrimination	Complaint under section 15 Equality Act 2010 (discrimination arising from disability); found not well founded and dismissed.	Dismissed	Disability	—
Disability discrimination	Complaint under section 13 and section 39(2)(c) Equality Act 2010 (direct disability discrimination); found not well founded and dismissed.	Dismissed	Disability	—
Disability discrimination	Complaint under sections 20 and 21 Equality Act 2010 (failure to make reasonable adjustments); found not well founded and dismissed.	Dismissed	Disability	—
Breach of contract	Claim for damages for breach of an asserted term entitling the claimant to a pay increase in the period from 12 weeks after 2 August 2017 until employment ended; dismissed.	Dismissed	—	—
Redundancy	Statutory redundancy payment complaint withdrawn by the claimant at the hearing on 26 June 2023; dismissed pursuant to Rule 52 of the ET Rules 2013.	Withdrawn

Remedy

Monetary award

Total award: £4,250; across all upheld claims

Legal tests applied

5 references

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.

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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