Case 4100199/2023 · Employment Tribunal
Ms Angela McRobert v 15 Amisam Limited — 2023
- Case reference
- 4100199/2023
- Decision date
- 20 March 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Whitcombe
Parties
2 namedClaimant
Ms Angela McRobert
Respondent
Key findings
Tribunal's reasoningThe respondent did not file a response and did not attend the hearing. The tribunal therefore recorded that the claimant's claims for unfair constructive dismissal, detriment for having made a protected disclosure, harassment related to race, and unlawful deductions from wages all succeeded.
On the dismissal claim, the tribunal awarded a basic award of £1,306.68, calculated as four weeks' gross pay at £326.67, and a compensatory award of £3,899.80, calculated as 11 weeks and 4 days of net losses at £293.81 plus £500 for loss of statutory rights. The monetary award was £5,206.48 and the prescribed element was £3,399.80, attributable to the period from 15 September 2022 to 5 December 2022. The tribunal stated that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied and that the monetary award exceeded the prescribed element by £1,806.68.
For the whistleblowing detriment claim, the tribunal awarded £6,500 for injury to feelings. For harassment related to race, it awarded £1,039.45 for injury to feelings, stated to include interest at 8%. For unlawful deductions from wages, it awarded £1,279.59 gross, including the payment due on termination in respect of untaken annual leave. The total monetary award reflected all four successful claims and came to £14,025.52.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment described this as 'unfair constructive dismissal' and awarded a basic award of £1,306.68 and a compensatory award of £3,899.80, making a monetary award of £5,206.48. The Employment Protection (Recoupment of Benefits) Regulations 1996 applied. | Upheld | — | £5,206 |
| Whistleblowing | Awarded compensation for injury to feelings. | Upheld | — | £6,500 |
| Harassment | Awarded compensation for injury to feelings of £1,039.45, stated to include interest at 8%. | Upheld | Race | £1,039 |
| Unlawful deduction from wages | The sum was stated to be £1,279.59 gross, including the payment due on termination in respect of untaken entitlement to paid annual leave. | Upheld | — | £1,280 |
Remedy
Monetary award- Total award
- £14,026
- across all upheld claims
- Basic award
- £1,307
- statutory, unfair dismissal
- Compensatory award
- £3,900
- 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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