Case 2601568/2022 · Employment Tribunal
Ms Joanne Ghattan v Albion Apparel Group Ltd — 2022
- Case reference
- 2601568/2022
- Decision date
- 17 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sharkey Representation
- Venue
- Nottingham
Parties
2 namedClaimant
Ms Joanne Ghattan
Respondent
Key findings
Tribunal's reasoningAt Nottingham on 15 November 2022, before Employment Judge Sharkey, the tribunal dealt with Ms Joanne Ghattan's claims against Albion Apparel Group Limited (in voluntary liquidation). The complaint that the respondent failed to pay all wages due on 30 April 2022 was dismissed on withdrawal by the claimant. A separate claim for unauthorised deduction from wages in respect of accrued but untaken holiday succeeded, and the respondent was ordered to pay £1,259.12 gross, subject to deductions for tax and national insurance.
The tribunal found that Ms Ghattan was unfairly dismissed and awarded £21,958.15 in compensation. That sum comprised a basic award of £13,382.40 and a compensatory award of £8,575.75. The compensatory award included £6,378.35 for lost earnings to November 2022, £268.11 for pension loss, and £500.00 for lost statutory rights, together with a 20% uplift because the respondent unreasonably failed to follow the ACAS Code of Practice on disciplinary and grievance procedures.
The tribunal also found that the respondent was in breach of contract by dismissing the claimant without the full notice period to which she was entitled, but no further sum was ordered because that notice element was included in the unfair dismissal compensation. The judgment states that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 did not apply to the sums awarded.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The complaint that the respondent failed to pay all wages due on 30 April 2022 was dismissed on withdrawal by the claimant. | Withdrawn | — | — |
| Holiday pay | The tribunal found an unauthorised deduction from wages by failing to pay accrued but untaken holiday and ordered payment of £1,259.12 gross, subject to deductions for tax and national insurance. | Upheld | — | £1,259 |
| Unfair dismissal | The claimant was found to have been unfairly dismissed. The award was £21,958.15, made up of a basic award of £13,382.40 and a compensatory award of £8,575.75; the compensatory award included £6,378.35 for lost earnings to November 2022, £268.11 for pension loss, £500.00 for lost statutory rights, and a 20% uplift for the respondent's unreasonable failure to follow the ACAS Code of Practice on disciplinary and grievance procedures. | Upheld | — | £21,958 |
| Breach of contract | The tribunal found the respondent breached contract by dismissing the claimant without the full notice period to which she was entitled, but no further sum was ordered because that element was included in the unfair dismissal compensation. | Upheld | — | — |
Remedy
Monetary award- Total award
- £23,217
- across all upheld claims
- Basic award
- £13,382
- statutory, unfair dismissal
- Compensatory award
- £8,576
- compensatory remedy recorded
Legal tests applied
1 reference- ACAS Code of Practice on disciplinary and grievance procedures
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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