Mr C Page v Entain Marketing (UK) Limited trading as ‘Entain Group’ (debarred) — 2023

The tribunal amended the respondent’s name to Entain Marketing (UK) Limited trading as Entain Group. It dismissed the claimant’s discrimination claim because of marriage or civil partnership. Judge Foxwell recorded that the claimant had been given an opportunity to clarify the complaint and to provide evidence, but he failed to show that he was married or in a civil partnership. The judge also noted that there was no evidence that would support a sexual orientation discrimination claim, although the only discrimination claim actually determined was the marriage or civil partnership complaint.

The unfair dismissal claim succeeded on the papers. The tribunal accepted from the ET1 that the claimant had been dismissed on 16 May 2022 and found the claim was presented within the adjusted three-month time limit, taking early conciliation into account. The respondent, which had played no part in the proceedings, adduced no evidence of a potentially fair reason for dismissal, and the tribunal therefore found the dismissal unfair.

On remedy, the claimant was born in 1988, had over five years’ service from 11 February 2017 to 16 May 2022, and had gross monthly pay of £2,603 and net pay of £1,650. He was unemployed for one month after dismissal and then obtained work at £1,750 per month. The tribunal awarded a basic award of £2,855, calculated as five weeks’ gross pay at the statutory weekly pay cap of £571, and a compensatory award of £1,650 representing one month’s loss of net pay. The total award was £4,505, and the recoupment provisions applied with a prescribed element of £1,650 for 17 May 2022 to 17 June 2022.