Case 3203305/2021 · Employment Tribunal
Miss B Babatola-Ojo v Corner House Residential Home Limited — 2022
- Case reference
- 3203305/2021
- Decision date
- 15 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gardiner Representation
Parties
2 namedClaimant
Miss B Babatola-Ojo
Respondent
Key findings
Tribunal's reasoningThe respondent did not attend the hearing. Employment Judge Gardiner found the claimant's unfair dismissal complaint well founded and awarded a basic award of £470.88 and a compensatory award of £5,158.80, producing an unfair dismissal award total of £5,629.68. The tribunal also found the related wrongful dismissal complaint for two weeks' notice pay well founded, but made no separate award because that loss was already covered by the unfair dismissal award.
The tribunal awarded a 25% uplift on the compensatory award for failure to comply with the ACAS Code of Conduct on Disciplinary Procedures, calculated as £1,289.70. It also awarded £627.84, described as four weeks' pay, for failure to provide a statement of employment particulars under section 38 of the Employment Act 2002.
The claimant's complaint of unauthorised deduction of wages was dismissed, as was the complaint of failure to pay accrued but unpaid holiday pay. The total sum ordered to be paid was £7,547.22.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Basic award of £470.88 and compensatory award of £5,158.80, giving an unfair dismissal award total of £5,629.68. | Upheld | — | £5,630 |
| Wrongful dismissal | The claim for two weeks' notice pay succeeded, but the tribunal made no separate award because that loss was covered by the unfair dismissal award. | Upheld | — | — |
| Other | Compensation of four weeks' pay for failure to provide a statement of employment particulars under section 38 of the Employment Act 2002. | Upheld | — | £628 |
| Unlawful deduction from wages | The complaint of unauthorised deduction of wages was dismissed. | Dismissed | — | — |
| Holiday pay | The complaint of failure to pay accrued but unpaid holiday pay was dismissed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £7,547
- across all upheld claims
- Basic award
- £471
- statutory, unfair dismissal
- Compensatory award
- £5,159
- compensatory remedy recorded
Legal tests applied
4 references- Section 119 ERA 1996
- Section 123 ERA 1996
- Section 207A TULRCA 1992
- Section 38 Employment Act 2002
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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