Case 3303401/2022 · Employment Tribunal
Mr R Yeates Respondents (claims 1 and 2): Polestar Holdings Limited (1) Mr I Russell (2) Mrs N Borman (3) Mrs T Russell (4) v Ms Y Montaz (tribunal advocate) — 2025
- Case reference
- 3303401/2022
- Decision date
- 3 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hawksworth
- Venue
- Reading
- Panel members
- Mr C Juden, Mrs F Tankard
Parties
2 namedClaimant
Mr R Yeates Respondents (claims 1 and 2): Polestar Holdings Limited (1) Mr I Russell (2) Mrs N Borman (3) Mrs T Russell (4)
Respondent
Key findings
Tribunal's reasoningThe tribunal, sitting as a panel chaired by Employment Judge Hawksworth with Mr C Juden and Mrs F Tankard, unanimously found that the claimant Mr R Yeates was employed by Polestar Holdings Limited at the material times, and substituted that company as the first respondent to claim 2 in place of Polestar Financial Planning Limited. The complaint of ordinary unfair dismissal succeeded against the first respondent, the first respondent having conceded that complaint on 31 July 2024 after late disclosure indicated that the decision to dismiss had been made before the disciplinary hearing took place. The wrongful dismissal complaint in respect of notice also succeeded against the first respondent.
The tribunal further found that the first respondent had failed to give the claimant a written statement of particulars of change as required by section 4 of the Employment Rights Act 1996. All of the claimant's other complaints, which included whistleblowing detriment and dismissal, direct age discrimination, victimisation, unauthorised deductions from wages relating to fees and holiday pay, and related matters, failed against all respondents and were dismissed.
Because the claimant's claims succeeded in part, the tribunal listed a separate remedy hearing, with case management orders to be sent separately. No monetary award is set out in this reserved liability judgment. The liability hearing took place in parts between July 2023 and October 2024 due to ill health and bereavement affecting panel members and an administrative notification failure.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Ordinary unfair dismissal conceded by the first respondent on 31 July 2024 in light of late disclosure showing the decision to dismiss was made before the disciplinary hearing. Remedy to be determined at a separate remedy hearing. | Upheld | — | — |
| Wrongful dismissal | Wrongful dismissal in respect of notice succeeds against the first respondent. Remedy to be determined at a separate remedy hearing. | Upheld | — | — |
| Age discrimination | Direct age discrimination complaint dismissed as part of the tribunal's finding that the claimant's other complaints fail against all respondents. | Dismissed | Age | — |
| Whistleblowing | Whistleblowing detriment and automatic unfair dismissal complaints dismissed as part of the tribunal's finding that the claimant's other complaints fail. | Dismissed | — | — |
| Victimisation | Victimisation complaint under s.27 Equality Act 2010 dismissed as part of the tribunal's finding that the claimant's other complaints fail. | Dismissed | — | — |
| Unlawful deduction from wages | Unauthorised deductions complaints relating to fees and holiday pay dismissed as part of the tribunal's finding that the claimant's other complaints fail. | Dismissed |
Legal tests applied
6 references- section 4 Employment Rights Act 1996
- section 23 Employment Rights Act 1996
- section 13 Equality Act 2010
- section 27 Equality Act 2010
- section 123 Equality Act 2010
- rule 35 Employment Tribunal Procedure Rules 2024
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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