Unfairly dismissed but compensation capped: a reminder of tribunal limits
A former employee was unfairly dismissed by Broadbent Assist Ltd but her compensation was limited to just four weeks' pay. The tribunal also dismissed her discrimination and victimisation claims.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed by the respondent.
- The claimant was dismissed.
- The tribunal found the dismissal was unfair.
- The claimant's compensation was limited to a four-week period.
- The claims of direct sex discrimination, direct associative disability discrimination, and victimisation were dismissed.
Timeline
-
Claim presented
The claimant presented her claim to the tribunal. (Exact date not given; assumed from case number year.)
-
Hearing day 1
The hearing commenced at Manchester Employment Tribunal via CVP.
-
Hearing day 2
The hearing continued.
-
Hearing day 3
The hearing continued.
-
Hearing day 4 and judgment
The hearing concluded and the judgment was delivered orally.
The legal issue
The tribunal had to decide whether the former employee was unfairly dismissed and whether she suffered direct sex discrimination, direct associative disability discrimination, or victimisation.
The outcome
The tribunal decided the claimant was unfairly dismissed, but her compensation was limited to a four-week period from her effective date of dismissal.
Key reasons: The tribunal found the dismissal unfair, but the claims of direct sex discrimination, direct associative disability discrimination, and victimisation were not well founded and were dismissed.
Compensation breakdown:
- Compensatory award: £1,569.92 (4 weeks at net weekly income of £392.48)
- Loss of statutory rights: £500
- Total: £2,069.92
Lessons & takeaways
- Even if a dismissal is found unfair, compensation may be capped to a short period if the tribunal considers the loss limited.
- Bringing multiple discrimination claims alongside an unfair dismissal claim does not guarantee success; each claim must be proven on its own facts.
- Representing yourself in tribunal is possible but having legal representation can help navigate complex issues like discrimination and victimisation.
- The effective date of dismissal is crucial for calculating the compensatory period and potential loss.
This case shows that even when an employment tribunal finds a dismissal unfair, the compensation awarded may be modest. The former employee, who represented herself, succeeded in her unfair dismissal claim against Broadbent Assist Ltd but was awarded only £2,069.92 – limited to four weeks' loss of earnings plus £500 for loss of statutory rights.
What went wrong for the employer
Broadbent Assist Ltd was found to have unfairly dismissed the claimant, but the tribunal rejected her other claims of direct sex discrimination, direct associative disability discrimination, and victimisation. The employer's failure to follow a fair process likely led to the unfair dismissal finding, but the limited compensation suggests the tribunal considered that the claimant would have been dismissed within a short period anyway.
Why the result matters
For employees considering similar claims, this case is a reminder that unfair dismissal compensation is not automatic or unlimited. The tribunal has discretion to cap awards based on the likely duration of employment had the dismissal not occurred. It also highlights the difficulty of proving discrimination and victimisation claims, which require clear evidence of a protected characteristic or detrimental treatment.
The claimant's decision to represent herself may have been a factor in the mixed outcome. While she won on unfair dismissal, the discrimination claims failed. Legal advice can be crucial in assessing the strength of multiple claims and understanding the limits of compensation.
Similar cases
Security officer dismissed after back injury: tribunal finds unfair dismissal and disability discrimination
A security officer with six years' service was unfairly dismissed after a back injury. The tribunal also found that CIS Security Ltd failed to make reasonable adjustments and discriminated against him arising from his disability.
Partially granted amendment to add details to reasonable adjustments claim, but new sex discrimination claims refused
A former employee was allowed to amend her claim to add details to a failure to make reasonable adjustments claim, but her attempt to add new claims of direct sex discrimination and harassment was refused by the tribunal.
Harassment claim against individual manager allowed to proceed late
A former employee's harassment and victimisation claims against her employer were deemed in time if there was conduct over a period, but time was extended for a harassment claim against the individual manager.
Disability harassment and victimisation: former employee awarded £320,000 after employer goes into liquidation
A former employee with a disability was awarded over £320,000 after an employment tribunal found she was harassed, victimised, and unfairly dismissed by Woods Catering Staffordshire Ltd and its director.