Case 3304801/2020 · Employment Tribunal
In person For the v Respondent — 2021
- Case reference
- 3304801/2020
- Decision date
- 2 November 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tynan Members
- Venue
- Cambridge
- Panel members
- Ms Catherine Anderson, Ms Bethan Osborne
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal unanimously found that Mr John Ashman's complaint that he was dismissed in breach of contract was well founded. It ordered Wallis & Son Limited to pay £270 as damages for breach of contract.
The tribunal also declared that when the proceedings were begun the respondent was in breach of its duty to the claimant under section 1 of the Employment Rights Act 1996. It considered it just and equitable in all the circumstances to make the higher award under section 38(4) of the Employment Act 2002, namely £1,080, equal to four weeks' pay.
The claimant's complaints that he was discriminated against on grounds of age and race were found not well founded and were dismissed. The judgment was given after hearings in Cambridge on 1 and 2 November 2021 before Employment Judge Tynan with lay members Ms Catherine Anderson and Ms Bethan Osborne.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the complaint that the claimant was dismissed in breach of contract was well founded and awarded £270 damages. | Upheld | — | £270 |
| Age discrimination | The tribunal found the age discrimination complaint was not well founded and dismissed it. | Dismissed | Age | — |
| Race discrimination | The tribunal found the race discrimination complaint was not well founded and dismissed it. | Dismissed | Race | — |
| Other | The tribunal declared that when proceedings began the respondent was in breach of its duty under section 1 of the Employment Rights Act 1996 and awarded the higher amount under section 38(4) of the Employment Act 2002, £1,080, equal to four weeks' pay. | Upheld | — | £1,080 |
Remedy
Monetary award- Total award
- £1,350
- across all upheld claims
Legal tests applied
3 references- section 1 Employment Rights Act 1996
- section 38(4) Employment Act 2002
- just and equitable
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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