Case 3324090/2019 · Employment Tribunal
Mrs Toni Towell v Kirby Homes Sunningdale Ltd (in voluntary liquidation) — 2020
- Case reference
- 3324090/2019
- Decision date
- 14 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Warren Representation
Parties
2 namedClaimant
Mrs Toni Towell
Key findings
Tribunal's reasoningOn 14 December 2020, Employment Judge M Warren dealt with the case on the papers in a remote hearing. The Respondent did not attend and had not presented a valid response in time. The Claimant, Mrs Toni Towell, therefore succeeded in her unfair dismissal claim.
The tribunal awarded £36,217 for unfair dismissal, including a basic award of £4,725. The judgment also records that the Respondent failed to provide written terms and conditions of employment required by sections 1 and 4 of the Employment Rights Act, and awarded the maximum compensation under section 38 of the Employment Act 2002 in the sum of £2,051.
The Claimant's claim for unpaid wages in respect of sickness absence failed. The total payable under the judgment was £38,268.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The Respondent did not present a valid response in time, so the unfair dismissal claim succeeded. The award included a basic award of £4,725. | Upheld | — | £36,217 |
| Other | The tribunal found that the Respondent failed to provide written terms and conditions of employment required by sections 1 and 4 of the Employment Rights Act and awarded the maximum amount under section 38 of the Employment Act 2002. | Upheld | — | £2,051 |
| Unlawful deduction from wages | The Claimant's claim for unpaid wages in respect of sickness absence failed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £38,268
- across all upheld claims
- Basic award
- £4,725
- statutory, unfair dismissal
- Compensatory award
- £31,492
- compensatory remedy recorded
Legal tests applied
3 references- s.1 ERA 1996
- s.4 ERA 1996
- s.38 Employment Act 2002
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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