Former employee wins unfair dismissal claim against Asda
A former employee succeeded in her unfair dismissal claim against Asda Stores Ltd, but her age discrimination and harassment complaints were dismissed. She was awarded £27,924.06.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed by the respondent.
- The claimant brought claims of unfair dismissal, direct sex discrimination, direct age discrimination, harassment related to age, and unlawful deduction from wages.
- The claimant withdrew her complaint of direct sex discrimination.
- The tribunal found the unfair dismissal complaint succeeded.
- The complaints of direct age discrimination, harassment related to age, and unlawful deduction from wages were dismissed.
- The claimant was awarded total damages of £27,924.06.
Timeline
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Prescribed element period start
Start date of the period to which the prescribed element of the award is attributable.
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Prescribed element period end
End date of the period to which the prescribed element of the award is attributable.
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Hearing day 1
First day of the substantive hearing.
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Hearing day 2
Second day of the substantive hearing.
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Hearing day 3
Third day of the substantive hearing.
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Hearing day 4 and judgment
Final day of the hearing and judgment given.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and whether she suffered direct sex discrimination, direct age discrimination, harassment related to age, or unlawful deduction from wages.
The outcome
The tribunal upheld the unfair dismissal claim but dismissed all other complaints.
- The claimant withdrew her sex discrimination complaint.
- Age discrimination, harassment, and unlawful deduction claims were dismissed as unfounded.
- Total damages of £27,924.06 were awarded, with £12,571.20 as the prescribed element subject to recoupment of benefits.
Lessons & takeaways
- Even if other discrimination claims fail, an unfair dismissal claim can still succeed if the employer's process was flawed.
- Withdrawing a claim early may avoid a negative finding but does not affect other claims.
- Unlawful deduction from wages claims require clear evidence of unauthorised deductions; general dissatisfaction is not enough.
What this case shows
This case illustrates that an employee can succeed on unfair dismissal even when their other claims—such as age discrimination and harassment—are rejected. The former employee brought multiple complaints against Asda, but only the unfair dismissal claim succeeded. The tribunal found that the dismissal was procedurally unfair, while the discrimination allegations lacked sufficient evidence.
What could have been done differently
For the employer, a fairer dismissal process might have avoided the claim altogether. The employee's age and sex discrimination claims were dismissed, suggesting that the focus should have been on ensuring a fair procedure rather than defending multiple allegations. For the employee, pursuing weaker claims may have prolonged the case without additional benefit.
Why the result matters
This outcome reinforces that tribunals will scrutinise the fairness of dismissal procedures independently of other claims. Employees should not assume that losing on discrimination means losing on unfair dismissal. The award of £27,924.06, partly subject to recoupment, reflects the compensatory principle for unfair dismissal.
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