Case 3310860/2022 · Employment Tribunal

In person For the v Mr Hoyle, HR Consultant — 2023

Case reference: 3310860/2022
Decision date: 20 July 2023
Jurisdiction: England & Wales
Judge: Employment Judge L Brown Members
Panel members: Ms L Gaywood, Mr Rob Allan

Indexed: 25 April 2026

Parties

2 named

Claimant

In person For the

Respondent

Mr Hoyle, HR Consultant

Key findings

Tribunal's reasoning

The claimant, a non-British national who had been sponsored on a Tier 2 visa to work as a solicitor, brought claims against the First Respondent (Immigration and Nationality Services Limited) and the Second Respondent (IANS Solicitors Limited, her employer at the date of dismissal). She was summarily dismissed on 9 March 2022 after notifying the Second Respondent that she was resigning to take up other employment.

The Tribunal found that the unfair dismissal, wrongful dismissal, unauthorised deductions from wages, direct race discrimination and failure-to-provide-statement-of-particulars claims against the Second Respondent all succeeded. On direct race discrimination the Tribunal held that the dismissing manager's reaction was motivated by the claimant's status as a migrant worker whose visa the respondent had supported, and that this was discrimination on grounds of race even if the motivation was sub- or unconscious. The indirect race discrimination claim against both respondents failed, and all remaining claims against the First Respondent were dismissed. The matter has been listed for a separate remedy hearing.

Claims and outcomes

7 findings recorded

This case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	Unfair dismissal against the Second Respondent (IANS Solicitors Limited) succeeded under section 94 Employment Rights Act 1996.	Upheld	—	—
Wrongful dismissal	Wrongful dismissal against the Second Respondent succeeded; notice pay accepted as not paid.	Upheld	—	—
Unlawful deduction from wages	Unauthorised deductions from wages (unpaid wages) against the Second Respondent succeeded under section 13 Employment Rights Act 1996. The Second Respondent had accepted that the final wages were not paid.	Upheld	—	—
Race discrimination	Direct race discrimination against the Second Respondent succeeded under section 13 Equality Act 2010. The Tribunal found that the claimant's summary dismissal on 9 March 2022 was on grounds of race and her status as a non-British-national migrant worker. The discriminatory motivation may have been unconscious but was nonetheless on the grounds of race.	Upheld	Race	—
Other	Failure to provide a statement of particulars of employment against the Second Respondent succeeded under section 38 Employment Rights Act 1996 (a minimum award of two weeks' pay applies, with discretion to award four).	Upheld

Legal tests applied

11 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.