Case 3322371/2019 · Employment Tribunal
Mr K Excell v Deaf Positives Action CIC (in voluntary liquidation) — 2022
- Case reference
- 3322371/2019
- Decision date
- 4 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Eeley
Parties
2 namedClaimant
Mr K Excell
Key findings
Tribunal's reasoningIn a Rule 21 judgment, Employment Judge Eeley removed Mr Mark Hooper as a respondent because he had been added in error. The remaining respondent, Deaf Positives Action CIC (in voluntary liquidation), was ordered to pay a total of £27,176.61 to the claimant. The judgment recorded awards of £1,120 for notice pay, £1,680 as a redundancy payment, £24,960 for unfair dismissal by way of loss of earnings for a three-year period to the date of judgment, and £2,000 for disability discrimination injury to feelings.
The tribunal did not accept the claimant's request for reimbursement of travel expenses or BSL Level 2 exam costs. It also stated that the holiday pay claim had already been determined by The Insolvency Service and therefore made no further award of holiday pay. The claimant was required to give credit for £2,583.39 already received on termination of employment, and that sum was deducted from the overall judgment total.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the claimant was dismissed in breach of contract and awarded £1,120 for notice. | Upheld | — | £1,120 |
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy and awarded a redundancy payment of £1,680. | Upheld | — | £1,680 |
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed and awarded £24,960 for loss of earnings for a three-year period to the date of the judgment. | Upheld | — | £24,960 |
| Disability discrimination | The tribunal found the claimant was subjected to disability discrimination and awarded £2,000 for injury to feelings. | Upheld | Disability | £2,000 |
| Other | The claimant did not establish entitlement to reimbursement of travel expenses or BSL Level 2 exam costs. | Dismissed | — | — |
| Holiday pay | The tribunal said the holiday pay claim had already been determined by The Insolvency Service and made no further award of holiday pay. | Other | — | — |
Remedy
Monetary award- Total award
- £27,177
- across all upheld claims
- Compensatory award
- £24,960
- compensatory remedy recorded
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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