Case 3335425/2018 · Employment Tribunal
in person For the v Mrs P Hall, consultant — 2021
- Case reference
- 3335425/2018
- Decision date
- 22 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge George
- Venue
- Watford
Parties
2 namedClaimant
in person For the
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the claimant's employment with the respondent started on 2 January 2017, but that her earlier employment with Care Dental Ltd counted as a period of employment with the respondent. On that basis, continuous employment for unfair dismissal purposes started on 23 June 2003. The claimant's claim of automatic unfair dismissal because of whistleblowing failed and was dismissed.
The tribunal nevertheless held that the claimant was unfairly dismissed. It also found that she was not wrongfully dismissed and was not entitled to a notice payment. The judgment records that the compensation was recalculated because the order of deductions under s.124A ERA 1996 and s.207A(5) TULR(C)A 1992 affected the arithmetic.
The final award was £3,616.48. The basic award was £2,493.35. The compensatory award was £1,123.13, made up of a prescribed element of £468.21 and a non-prescribed element of £654.92.
In the compensatory award, the prescribed element was calculated by reference to four weeks at £374.57, including pension loss but net of tax and National Insurance, plus a 25% uplift under s.207A TULR(C)A 1992, and then reduced by 75% for conduct under s.123(6) ERA 1996. The non-prescribed element included £500 for loss of statutory rights, a 25% uplift, and four weeks at £498.67 under s.38 EA 2002, before a further 75% deduction for conduct. The judgment states that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply, and gives a prescribed period of 26 September 2018 to 24 October 2018.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The claim of automatic unfair dismissal because of whistleblowing failed and was dismissed. | Dismissed | — | — |
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed. It treated the claimant's employment with Care Dental Ltd as continuous service, so continuous employment started on 23 June 2003. | Upheld | — | £3,616 |
| Wrongful dismissal | The tribunal found that the claimant was not wrongfully dismissed and was not entitled to a notice payment. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £3,616
- across all upheld claims
- Basic award
- £2,493
- statutory, unfair dismissal
- Compensatory award
- £1,123
- compensatory remedy recorded
Legal tests applied
6 references- s.122(2) ERA 1996
- s.123(6) ERA 1996
- s.124A ERA 1996
- s.207A(5) TULR(C)A 1992
- s.38 EA 2002
- Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996
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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