Case 6000569/2023 · Employment Tribunal
Mr Lee Pursey v Billington Structures Limited — 2024
- Case reference
- 6000569/2023
- Decision date
- 7 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge D Gray-Jones And
- Venue
- Bristol
- Panel members
- Mr H Adam, Ms J Cusack
Parties
2 namedClaimant
Mr Lee Pursey
Respondent
Key findings
Tribunal's reasoningThe Claimant, Mr Lee Pursey, succeeded in claims of unfair dismissal and disability discrimination against Billington Structures Limited, with liability decided orally on 22 August 2024 and remedy reserved. The Tribunal found that the disciplinary investigation leading to his suspension was not reasonably conducted because of his disability related absence, and that he was constructively dismissed from employment he had held for a number of years.
On remedy, the Tribunal assessed financial loss over a period from 3 January 2023 to 22 February 2025, awarding past loss and six months' future loss, after deducting £11,279 received by way of mitigation, producing a financial loss award of £55,194.18 plus £500 for loss of statutory rights and a basic award of £7,587. Injury to feelings was placed in the middle Vento band at £20,000.
The Tribunal found that paragraph 5 of the ACAS Code on Discipline and Grievances was breached and described the breach as egregious, applying a 15% uplift under s.207A to both the injury to feelings and financial loss awards. Interest under the 1996 Discrimination Interest Regulations was added, producing a total award of £101,685.01.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Basic award of £7,587 plus £500 for loss of statutory rights. Wider financial loss compensation was awarded under the discrimination claim to avoid overlap, per D'Souza v Lambeth. | Upheld | — | £8,087 |
| Disability discrimination | Financial loss £55,194.18 + injury to feelings £20,000 + ACAS uplift £11,279.12 + interest £7,124.71. Tribunal placed injury to feelings in the middle Vento band. | Upheld | Disability | £93,598 |
Remedy
Monetary award- Total award
- £101,685
- across all upheld claims
- Basic award
- £7,587
- statutory, unfair dismissal
- Compensatory award
- £55,694
- compensatory remedy recorded
Legal tests applied
12 references- Equality Act 2010 s.124
- Equality Act 2010 s.119(4)
- Chagger v Abbey National Plc [2010] ICR 397
- D'Souza v London Borough of Lambeth [1997] IRLR 677
- Armitage, Marsden and HM Prison Service v Johnson [1997] IRLR 162
- Vento v Chief Constable of West Yorkshire Police (No. 2) [2003] ICR 318
- Wilding v British Telecommunications Plc [2002] ICR 1079
- Cooper Contracting Limited v Lindsey UKEAT/0184/15
- ss.119-122 Employment Rights Act 1996
- s.207A Trade Union and Labour Relations (Consolidation) Act 1992
- Slade and anor v Biggs and ors [2022] IRLR 216
- Employment Tribunals (Interest on Awards in Discrimination Cases) 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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