Case 3202703/2020 · Employment Tribunal
Philip Borkor Benne v Cordant Cleaning Limited — 2021
- Case reference
- 3202703/2020
- Decision date
- 19 April 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Housego Representation
Parties
2 namedClaimant
Philip Borkor Benne
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the claimant was summarily dismissed in June 2020, appealed internally, and that the respondent later partly upheld the appeal. The dismissal was rescinded and replaced with a final written warning, and the claimant returned to work on 16 October 2020.
The tribunal held that, because the claimant was reinstated, there had in law been no dismissal and no break in continuity of employment. On that basis, there was no basic award for unfair dismissal.
The tribunal nevertheless held that the claimant should be paid for the period between dismissal and reinstatement. It said that whether this was treated as flowing from reinstatement principles under s.114 of the Employment Rights Act 1996 or as an unlawful deduction from wages under s.13 did not matter for the amount awarded. Using the claimant's gross weekly pay of £485 over 17 weeks and four-fifths of a further week, the tribunal ordered payment of £8,633.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that, following the successful internal appeal and reinstatement, there had in law been no dismissal and no break in continuity of employment, so there was no basic award. | Dismissed | — | — |
| Unlawful deduction from wages | The tribunal awarded back pay for 16 June 2020 to 15 October 2020. It said whether the award arose under s.114 ERA 1996 or as a deduction from wages contrary to s.13 was not material. | Upheld | — | £8,633 |
Remedy
Monetary award- Total award
- £8,633
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
Legal tests applied
2 references- s.114 Employment Rights Act 1996
- s.13 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.