Case 2501117/2024 · Employment Tribunal
Mr. G. Askew v The Commissioners for His Majesty’s Revenue & Customs — 2025
- Case reference
- 2501117/2024
- Decision date
- 21 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T.R. Smith.
- Venue
- Newcastle upon Tyne
- Panel members
- Mrs C. Brayson, Mr G. Gallagher
Parties
2 namedClaimant
Mr. G. Askew
Key findings
Tribunal's reasoningThe tribunal found that the claimant's complaint under section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 was presented in time, but that the detriment complaint was not well founded. It also dismissed the complaint that the dismissal was automatically unfair under section 152 of that Act.
For the ordinary unfair dismissal complaint, the tribunal found that the respondent had established conduct as a potentially fair reason for dismissal. It concluded under section 98(4) of the Employment Rights Act 1996 that the respondent acted fairly in all the circumstances and that dismissal was within the band of reasonable responses.
The tribunal also addressed contributory conduct in the alternative. It found that, if its primary conclusions were wrong, the claimant's actions had caused or contributed to his dismissal and would justify a 100% reduction.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Complaint under section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 for detriment was found not well founded and dismissed. | Dismissed | — | — |
| Trade union | Complaint under section 152 of the Trade Union and Labour Relations (Consolidation) Act 1992 for automatic unfair dismissal was found not well founded and dismissed. | Dismissed | — | — |
| Unfair dismissal | Complaint of unfair dismissal under section 94 of the Employment Rights Act 1996 was found not well founded and dismissed. | Dismissed | — | — |
Legal tests applied
9 references- section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 147 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 152 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 94 of the Employment Rights Act 1996
- section 98(4) of the Employment Rights Act 1996
- ACAS Code of Practice on Disciplinary and Grievance Procedures
- section 123(6) of the Employment Rights Act 1996
- Nelson v BBC
- Polentarutti v Autokraft Limited
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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