Case 3205385/2021 · Employment Tribunal
Mr T Gibson v EJ Taylor & Sons Ltd. — 2023
- Case reference
- 3205385/2021
- Decision date
- 13 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Taylor
Parties
2 namedClaimant
Mr T Gibson
Respondent
Key findings
Tribunal's reasoningThe tribunal found that Mr T Gibson had been unfairly dismissed. It recorded that there was a 75% chance he would have been fairly dismissed in any event. It also found that the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, so the compensatory award was increased by 15% under s 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.
The tribunal further found that the claimant caused or contributed to the dismissal by blameworthy conduct, leading to a 90% reduction in the compensatory award. It also reduced the basic award by 90% because of the claimant's conduct before dismissal. By consent, the respondent was ordered to pay a basic award of £1,398.80 and a compensatory award of £1,901.24.
The separate breach of contract claim, which related to notice pay, failed and was dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held the unfair dismissal complaint well-founded. It found there was a 75% chance the claimant would have been fairly dismissed in any event, applied a 15% increase to the compensatory award for unreasonable non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, and reduced the compensatory award by 90% for blameworthy contributory conduct. The basic award was also reduced by 90% because of the claimant's conduct before dismissal. | Upheld | — | £3,300 |
| Breach of contract | The breach of contract claim, said to relate to notice pay, failed and was dismissed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £3,300
- across all upheld claims
- Basic award
- £1,399
- statutory, unfair dismissal
- Compensatory award
- £1,901
- compensatory remedy recorded
Legal tests applied
2 references- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s 207A Trade Union and Labour Relations (Consolidation) Act 1992
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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