Case 3200667/2020 · Employment Tribunal
Miss S. Owen v Precious Thoughts Cards and Gifts Ltd — 2021
- Case reference
- 3200667/2020
- Decision date
- 7 May 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Massarella Representation
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Miss S. Owen
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Miss S. Owen was unfairly dismissed and wrongfully dismissed by Precious Thoughts Cards and Gifts Ltd. It found that the effective date of termination was 31 January 2020, and that the claimant did not commit an act of gross misconduct before dismissal. The tribunal also found contributory conduct by the claimant to the extent of 40%, but rejected the Respondent's argument that she would have been fairly dismissed in any event under Polkey.
The tribunal further found that the Respondent unreasonably failed to comply with the ACAS Code of Practice and stated that it was just and equitable to increase the compensatory award by 25%. It also found that the Respondent failed to provide written particulars of employment, contrary to s.1 Employment Rights Act 1996.
The claimant's claim for accrued but untaken holiday pay was dismissed as not well-founded. The judgment did not determine the compensation figure and directed that there would be a separate remedy hearing to decide how much compensation the claimant would be awarded.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Tribunal found the claimant was unfairly dismissed. The judgment also recorded that the claimant did not commit gross misconduct, contributed to her dismissal by blameworthy conduct to the extent of 40%, and that the Respondent's Polkey argument did not succeed. | Upheld | — | — |
| Wrongful dismissal | Tribunal found the claimant was wrongfully dismissed. | Upheld | — | — |
| Other | The tribunal found that the Respondent failed to provide written particulars of employment, contrary to s.1 Employment Rights Act 1996. | Upheld | — | — |
| Holiday pay | The claimant's claim for accrued but untaken holiday pay was dismissed as not well-founded. | Dismissed | — | — |
Legal tests applied
3 references- Polkey
- ACAS Code of Practice
- s.1 Employment Rights Act 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
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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