Mr G Jikeme v Seva Childcare Ltd — 2024

The tribunal found that Mr G Jikeme made two protected disclosures and that his employment ended when Seva Childcare Ltd dismissed him without notice on 6 September 2022. It held that the dismissal was in breach of contract and that he was entitled to one month's notice, to expire no earlier than 6 October 2022. It also found that the dismissal was unfair under s.103A ERA 1996 because the principal reason for dismissal was the protected disclosures.

Under s.47B ERA 1996, the tribunal upheld detriment complaints arising from suspending him on 2 August 2022 and informing him on 16 August 2022 that the suspension would be without pay, including the failure to pay him while suspended. The alleged third detriment, relating to the dismissal itself, did not succeed because it was excluded by s.47B(2). The tribunal awarded £7,500 for injury to feelings for the successful detriments.

On remedy, the respondent was ordered to pay £25,989.97. The breakdown included a £856.50 basic award, £8,161.33 compensatory award, £1,836.83 for unused holiday pay, £3,700.93 salary for 2 August to 6 September 2022, £1,515.24 damages for failure to give notice, and a 25% uplift of £2,419.14 under s.207A TULRCA 1992. The tribunal recorded that item 9(ii) was agreed between the parties, that item 9(iii) was treated as a gross figure to avoid double recovery, and that the claimant had not received benefits in the compensatory period so the Recoupment Regulations did not apply.