Case 2502734/2019 · Employment Tribunal
Ms J Wall v Alison Ross and Mark Ross (trading as Hairbase) — 2021
- Case reference
- 2502734/2019
- Decision date
- 18 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Morris
- Venue
- Newcastle Hearing Centre
Parties
2 namedClaimant
Ms J Wall
Key findings
Tribunal's reasoningMs Wall's complaint that her dismissal was unfair under section 111 of the Employment Rights Act 1996, by reference to sections 94 and 98 of that Act, was upheld. The Tribunal awarded a basic award of £854.70 and a compensatory award of £1,951.28. The compensatory award was made up of £751.29 for three weeks' net pay, £450 for loss of statutory rights, a 15% uplift of £180.19 under section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992, and two weeks' pay of £569.80 under section 38(3) of the Employment Act 2002.
The written record contains an internal inconsistency on the unfair dismissal total. Paragraph 2 states an award of compensation of £4,870.78, but paragraph 6 records a monetary award of £2,805.98 for recoupment purposes, with a prescribed element of £751.29 for the period 27 July 2019 to 13 August 2021 and an excess over that element of £2,054.69. The extracted figures follow the component awards and the recoupment section.
Ms Wall's separate claim under regulation 30 of the Working Time Regulations 1998 succeeded in respect of 4.5 days' accrued but untaken holiday at the termination of her employment. The Tribunal ordered payment of £182.65 gross, and recorded that any income tax or employee national insurance liability on that sum was the claimant's responsibility alone.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Paragraph 2 states an award of compensation of £4,870.78, but the component figures in paragraphs 2-3 and the recoupment section in paragraph 6 record a basic award of £854.70 and a compensatory award of £1,951.28, with a monetary award of £2,805.98. The extracted remedy amount follows the component figures and recoupment section. | Upheld | — | £2,806 |
| Holiday pay | Awarded under regulation 30 of the Working Time Regulations 1998 for 4.5 days' holiday accrued but untaken at termination. The judgment states the sum was calculated by reference to gross pay and that liability for income tax and employee NIC was the claimant's alone. | Upheld | — | £183 |
Remedy
Monetary award- Total award
- £2,989
- across all upheld claims
- Basic award
- £855
- statutory, unfair dismissal
- Compensatory award
- £1,951
- compensatory remedy recorded
Legal tests applied
7 references- section 111 Employment Rights Act 1996
- section 94 Employment Rights Act 1996
- section 98 Employment Rights Act 1996
- regulation 30 Working Time Regulations 1998
- section 207A(2) Trade Union and Labour Relations (Consolidation) Act 1992
- section 38(3) Employment Act 2002
- Recoupment Regulations
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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