2021

Former employee v Bath Cricket Club

A former employee's unfair dismissal claim against Bath Cricket Club was allowed to proceed after the tribunal ruled that a second early conciliation certificate obtained against a differently named entity was valid, rejecting the club's attempt to strike out the claim.

Outpatient Administration Clerk (4 years' service) v The Hospital of St John and St Elizabeth

An outpatient administration clerk with cervical spondylosis was constructively dismissed after the hospital failed to implement occupational health recommendations and moved her to a concierge role. The tribunal awarded £74,683.42.

Senior lecturer in physics (30 years' service) v University of Exeter

A senior physics lecturer at the University of Exeter has been awarded £100,969.78 after an employment tribunal found her dismissal for gross misconduct was unfair and that she was harassed for raising unconscious bias concerns.

Quality Assurance Technician (12 years' service) v Nestle UK Ltd

A Quality Assurance Technician with 12 years' service was unfairly dismissed after a breakdown in working relationships, but the tribunal found he contributed 100% to his dismissal and would have been dismissed anyway, resulting in no compensation.

Customer Assistant (9 years' service) v Marks and Spencer Plc

A Marks and Spencer customer assistant with nine years' service was unfairly dismissed for alleged theft after a seriously flawed investigation. The tribunal awarded £10,309.86.

Theatre Practitioner (Band 5) (19 years' service) v Croydon Health Services NHS Trust

A theatre practitioner with 19 years' service was constructively dismissed after her employer repeatedly demanded she remove a cross necklace, despite allowing other religious symbols. The tribunal found the trust's policy was inconsistently enforced and unjustified.

Finance Director v ABP (London) Investment Limited

A finance director who made protected disclosures about his employer's finances was automatically unfairly dismissed. The tribunal awarded £754,380.97 after the employer provided false evidence and failed to attend the final hearing.

Locality manager (6 years' service) v The Regard Partnership Limited

A locality manager who was diagnosed with stage 3 breast cancer was constructively unfairly dismissed after her employer advertised her role as a fixed-term post while she was on sick leave. The tribunal also upheld a claim of discrimination arising from disability.

Compliance Manager (7 years' service) v Lean Education and Development Limited

A compliance manager with 7 years' service was dismissed for gross misconduct after being demoted and raising a grievance. The tribunal found the real reason was a mix of poor performance and the grievance, not misconduct, and awarded £11,885.

Nurse v Indigo Care Services Ltd t/a Orchard Care Homes

A nurse who resigned and later tried to add whistleblowing claims had her case dismissed because the tribunal found she presented her claim too late.

Assistant Manager (3 years' service) v Casual Dining Services Limited

A protective award of 90 days' pay for 23 employees was revoked because the employer company had been dissolved before the original judgment was issued, leaving the Secretary of State with no liability as guarantor.

Former employee v Co-operative Group Limited

A former employee's claim that he was dismissed for making a protected disclosure about a colleague's alleged corruption has been struck out by the Manchester Employment Tribunal because the disclosure was based on rumours and the claims were out of time.

Locum ENT doctor v Royal Cornwall Hospital NHS Trust

A locum ENT doctor at Royal Cornwall Hospital NHS Trust lost her race discrimination and harassment claim after the tribunal found her contract was ended due to COVID-19 financial pressures, not her race.

Team Leader (Hot End) (36 years' service) v Pilkington UK Limited

A team leader with 36 years' service was unfairly dismissed after covert surveillance showed him helping at a farm while on sick leave. The tribunal found the employer's procedure was flawed and the decision unreasonable.

Journalist (20 years' service) v Bloomberg L.P.

An employment tribunal has ruled that Bloomberg L.P. fairly dismissed a journalist with 20 years' service after he failed to meet performance targets under a second improvement plan. The claim for automatic unfair dismissal based on whistleblowing was rejected.

Band 2 Health Care Assistant in Emergency Department v University Hospital Southampton NHS Foundation Trust

An NHS trust fairly dismissed a health care assistant who had been absent for 14 months with work-related stress, the tribunal has ruled. The trust followed its attendance management policy and offered redeployment.

English teacher (part-time, variable hours) v Havant & South Downs College

A Black British English teacher was constructively unfairly dismissed after her college sent a harassing email about her 'throwing the E&D Black comment' and failed to contact her during sick leave. The tribunal found harassment and constructive dismissal but dismissed most race discrimination claims.

Senior nursing assistant (band 3) v Guy’s & St Thomas’s NHS Foundation Trust

A senior nursing assistant was unfairly dismissed after her employer required her to compete for sedentary roles despite medical advice. The tribunal awarded £21,173.

Retail assistant (5 years' service) v John Lewis plc

A tribunal found that John Lewis discriminated against a retail assistant with autism by removing her from a team leader training programme without specialist advice, but her later dismissal for striking a manager was fair.

Estate Manager v Juniper Hill Ltd

An Estate Manager who was dismissed days before reaching two years' service lost his unfair dismissal claim because the tribunal found the effective date of termination was before the qualifying period.

Medical Secretary (part-time, 18.75 hours/week) v West London Mental Health NHS Trust

A medical secretary who resigned after alleging sexual harassment by a colleague lost her constructive unfair dismissal claim. The tribunal found the alleged behaviour did not occur and all claims were out of time.

Virtual Merchandising Administrator (probationary employee) v No Ordinary Designer Label Limited

A Black probationary employee who alleged race discrimination and harassment during her probation at Ted Baker (No Ordinary Designer Label Ltd) has had all her claims dismissed by the Central London Employment Tribunal.

Caretaking couple / Head of Maintenance v Kasteel Collection Ltd

A caretaking couple who had £700 a month deducted from each of their wages for accommodation were awarded £7,184 after a tribunal found the deductions breached National Minimum Wage rules and their contract.

Border Readiness Operative (less than 2 years' service) v MITIE Ltd

A Border Readiness Operative with less than two years' service was dismissed for being absent without leave after his authorised childcare leave ended. The tribunal upheld the dismissal, finding it was not automatically unfair.

Security guard (3 years' service) v CIS Security Limited

A security guard who was subjected to racist and sexist harassment by a colleague was constructively dismissed after her employer failed to properly address her grievance. The tribunal awarded £59,566.

Quality control auditor (3 months' service) v Cranswick Country Foods Plc

A quality control auditor with three months' service was dismissed for gross misconduct after admitting he falsified temperature probe records. The tribunal rejected his claim that the real reason was whistleblowing.

Administration assistant (17 years' service) v Woodlands School Ltd

An administration assistant who resigned after her employer refused a request for Wednesdays off without a pay cut has lost her constructive unfair dismissal claim. The tribunal found no repudiatory breach of contract.

Administrator / Regional Co-Ordinator (3 years' service) v Tudor Contract Cleaners Limited

A tribunal found that a manager's comment to a mixed-heritage employee during a grievance appeal hearing amounted to direct race discrimination and harassment, awarding £20,243 in injury to feelings.

Team Leader Track Inspections (safety critical role, managing 12 colleagues) v Network Rail Infrastructure Ltd

A team leader at Network Rail was unfairly dismissed after a flawed drug and alcohol test failed to account for his undiagnosed medical condition. The tribunal ordered reinstatement, which the employer refused, leading to a compensation award of £89,861.86.

Branch manager (8 years' service) v City Plumbing Supplies Holdings Limited

A branch manager who was reinstated after a gross misconduct dismissal but then resigned after his bonus was withheld and new investigations opened has won his constructive unfair dismissal claim.

Director of Public Services Reform (PSR) v London Borough of Hammersmith and Fulham

A director was dismissed while on sick leave, with the council backdating the dismissal letter to appear to predate her grievance. The tribunal awarded £3.78 million for disability discrimination.

Community support worker (5 years' experience) v Leicestershire County Council

A community support worker who resigned claiming constructive unfair dismissal and race discrimination has lost her case. The tribunal found no evidence of discrimination or fundamental breach of contract.

Regional Organiser (5 years' service) v UNISON

A regional organiser who was arrested in Tenerife for breaching Spain's COVID lockdown and then gave media interviews against instructions was fairly dismissed by UNISON, the tribunal has ruled.

Assistant accountant (construction company) v A Suman & Co Ltd

An assistant accountant who was employed for just 10 days had her unfair dismissal and disability discrimination claims thrown out after repeatedly failing to comply with tribunal orders and not attending a hearing.

Head of Finance for Grenfell (agency worker, CIPFA qualified accountant) v Royal Borough of Kensington and Chelsea

Two finance agency workers were sexually harassed by a colleague who said they were sleeping together and made crude remarks. The tribunal awarded £4,000 and £7,000 for injury to feelings.

Business development manager (senior, 4 years' service) v Ground Control Limited

A business development manager was unfairly dismissed after an anonymous allegation that he tried to poach colleagues. The tribunal found the investigation was inadequate and the real reason was his report on team morale.

Employee (car sales) v Mon Motors Ltd

An employee who resigned from Mon Motors Ltd and later claimed constructive unfair dismissal and sexual orientation discrimination had his claims dismissed because they were presented too late, despite his mental health difficulties and a family bereavement.

Former employee v Atiqun Nabi (trading as Econtrol Ltd)

A former employee who was barred from bringing an unfair dismissal claim due to less than two years' service won a breach of contract claim and was awarded £2,595.99.

Contract worker (complex complaints handler) v MBNA Ltd and Paymaster (1836) t/a Equiniti Hazell Carr

A contract worker who raised health and safety concerns was subjected to detriments and dismissed. The tribunal found he was a worker, not an employee, but still protected under whistleblowing law.

Employee (37 years' service) v The Commissioners for Her Majesty's Revenue and Customs

An employee who resigned after 37 years' service and serious illness had her constructive dismissal claim dismissed because she missed the three-month time limit. The tribunal found it was reasonably practicable to bring the claim in time.

Former employee v Waverley Court Consulting Ltd

A former employee won an unfair dismissal claim for redundancy but received no compensation because the tribunal found he would have been fairly dismissed for gross misconduct anyway.

Rigger (2 years' service) v Cape Environmental Services Limited t/a Altrad Services

A rigger with two years' service was unfairly dismissed after an investigation relied on an anonymous witness who refused to provide a statement. The tribunal awarded £39,330.

Masjid Liaison Officer (fundraising in community) v Al-Khair Foundation

A Masjid Liaison Officer made redundant after his charity changed its business model due to the pandemic has lost his unfair dismissal claim. The tribunal found the redundancy was genuine and the process fair.

Manager and fryer at fish and chip shop (4 years' service) v Best British Fish Ltd

A manager and fryer at a fish and chip shop was automatically unfairly dismissed after her employment transferred to a new owner, who told her there was no work. The Watford tribunal awarded £7,828 in compensation.

Assistant solicitor v Spring And Co Solicitors Ltd

An assistant solicitor was unfairly dismissed after being refused a postponement despite a fit note, but his award was cut by 50% for his own conduct. He received £1,177.51.

Teaching Assistant (12 years' service) v Calthorpe Teaching Academy

A teaching assistant with 12 years' service was unfairly dismissed after his school rejected his ill-health retirement application because of cost. The tribunal awarded £24,290.

Team Leader (care sector) v Lifeway Community Care Ltd

A care sector Team Leader who took a career break and then refused to return to work has lost his unfair dismissal and discrimination claims. The tribunal found he fabricated grievance documents to bolster his case.

General business administration role with some HR functions (14 years' service) v Hafod Care Organisation Limited

A tribunal found that a care organisation unfairly dismissed a long-serving employee for gross misconduct after a flawed investigation into a reference she provided. The employee was awarded £13,578.56.

Former employee v Southcoast Scaffolding Limited

A former employee's unfair dismissal claim against Southcoast Scaffolding Limited was dismissed because the claim form arrived at the tribunal over seven weeks after the deadline, and the tribunal found no reasonable excuse for the delay.

Administrative Officer (AO) National, Child Support Agency v Department for Work and Pensions

An administrative officer was unfairly dismissed after attending a trade union conference while on sick leave and sending an email about a colleague. The tribunal found the process flawed and ordered re-engagement with a 30% reduction for contributory fault.

Senior Compliance Officer and Deputy Money Laundering Reporting Officer (5 years' service) v Dahabshiil Money Transfer Services

A senior compliance officer was unfairly dismissed after being scored for redundancy against the wrong pay scale. The tribunal awarded £22,987.92 after applying a 15% Polkey reduction.

Former employee (6 years' service) v Matalan Limited

A former Matalan employee won a default judgment for unfair dismissal and redundancy, but the retailer successfully applied to set it aside, sending the case back for a full hearing.

Takeaway food shop worker (2 years' service) v Bagelmania London Limited (in liquidation)

A pregnant takeaway shop worker was dismissed after her employer removed her from the rota, then faced a county court claim and threats of police action when she contacted ACAS. The tribunal awarded £40,000 for unfair dismissal, pregnancy discrimination and victimisation.

Former employees (redundant) v Drinkmaster Ltd (In Voluntary Creditors’ Liquidation)

An employment tribunal has ruled that Drinkmaster Ltd failed to consult employees before making more than 20 staff redundant, and made a protective award of 90 days' pay.

Security officers v Croma Vigilant (Scotland) Ltd

Seven security officers unfairly dismissed by Croma Vigilant (Scotland) Ltd after a TUPE transfer were awarded compensation when the employer failed to reinstate them as ordered by the tribunal.

Court Worker / Offender Recovery Worker (10 years' service) v Blenheim CDP

A court worker with 10 years' service was constructively dismissed after her employer refused to adjust her start time or move her from a difficult team. The tribunal awarded £48,476.

CEO and co-founder v Peoples Coffee Ltd

A co-founder and CEO who was summarily dismissed for gross misconduct after a disciplinary meeting he did not attend has won his unfair dismissal claim. The tribunal awarded him over £41,000 in compensation.

Primary school teacher v South Essex Academy Trust

A tribunal found that South Essex Academy Trust failed to make reasonable adjustments for a disabled teacher by not providing all relevant grievance documents before a hearing. The teacher was awarded £5,860.27 for injury to feelings and unlawful wage deductions.

Full-time union official (firefighter on release) v Fire Brigades Union

A full-time union official was unfairly dismissed by the Fire Brigades Union after speaking at a Leave Means Leave rally. The tribunal awarded £8,308.45 in compensation.

Benefits Officers v Serco Limited and Southend-on-Sea Borough Council

Two benefits officers dismissed by Serco when a council contract ended have won a preliminary ruling that their employment should have transferred to the council under TUPE.

Assistant Team Manager in Family Resilience Service v Buckinghamshire County Council

A tribunal ruled that Buckinghamshire County Council fairly dismissed an assistant team manager by reason of redundancy, rejecting claims that the real reason was her earlier disciplinary suspension.

Labourer (3 years' service) v Staton Young (Anglesey) Limited

A labourer with three years' service was unfairly dismissed when his employer summarily ended his employment due to lack of work, without following any redundancy procedure. The tribunal awarded £5,600 in compensation.

Former employee v DPD Group UK Limited

A former employee's unfair dismissal claim against DPD Group UK Limited was dismissed after his solicitors filed witness statements two days late, breaching an unless order. The tribunal refused to reconsider.

Cleaner (29 years' service) v Miss B Gurney, Merali's Limited, Fordover Services Limited

A cleaner who worked for 29 years cleaning common parts of a building was found to be genuinely self-employed, meaning the tribunal had no power to hear her unfair dismissal and discrimination claims.

Customer care specialist (8 years' service) v Coloplast Limited

A customer care specialist with depression and anxiety was found to be disabled under the Equality Act, overturning an earlier tribunal decision that her condition was not long-term.

Live-in nanny (7 months' service) v A Limited

A live-in nanny who reported her employers to the NSPCC had her whistleblowing and discrimination claims struck out after waiting over a year to bring them to tribunal.

Consultant Forensic Psychiatrist (15 years' service) v Nottinghamshire Healthcare NHS Foundation Trust

A consultant forensic psychiatrist with 15 years' service was constructively unfairly dismissed after being given an ultimatum to resign, retire or face a conduct hearing following a patient suicide. The tribunal awarded £95,112.

Teacher (Head of Year, TLR1A) v Diocese of Westminster Academy Trust

A teacher who was asked to step down as Head of Year, not reappointed, and given negative references was constructively dismissed and suffered race discrimination. The tribunal awarded over £460,000.

Store manager (4 months' service) v H2C Gelati Ltd t/a Amorino

A store manager with four months' service was summarily dismissed for gross misconduct after a freezer temperature issue. The tribunal found the dismissal unfair and ordered the employer to pay over £1,500 for unpaid suspension and holiday pay.

IT Manager (4 years' service) v Crystal Ball Limited

An IT manager with complex regional pain syndrome was constructively dismissed after his employer became hostile when he requested reasonable adjustments. The tribunal awarded £30,011.

Finance Officer (bookkeeper/accountant) v Stratford Advice Arcade (A company limited by guarantee)

A tribunal ruled that a finance officer who worked for eight years on a freelance basis was a 'worker' but not an 'employee', meaning he can pursue claims for holiday pay and unlawful deductions but not unfair dismissal.

Roadside technician (patrol) (15 years' service) v The Automobile Association Developments Ltd

A roadside technician with 15 years' service resigned after his employer ended a temporary sign-on arrangement. The tribunal found no constructive dismissal or disability discrimination.

Telecommunications Systems Engineer (former military, 12 years' service with respondent) v Ministry of Defence

A telecommunications engineer with physical and mental health disabilities was unfairly dismissed and discriminated against by the Ministry of Defence. The tribunal awarded £147,809.69 in total damages.

Service desk consultant (IT help desk, 12-hour shifts) v Intergence Systems Limited

An IT help desk consultant was unfairly dismissed after her employer caved to client pressure following a missed handover email. The tribunal awarded £10,787.47, reduced by a third for her own fault.

Former employee v Intu Uxbridge

A former employee of Intu Uxbridge was awarded £14,624.11 after being unfairly dismissed, with a 10% uplift for the employer's failure to follow the ACAS Code of Practice.

Project Lead (5 years' service) v The Church of England Children’s Society

Redundancy dismissal unfair after employer failed to interview for alternative role

Former employee v ISS Facility Services Ltd

A former employee's unfair dismissal claim was struck out after they repeatedly failed to comply with case management orders and missed a deadline to respond to a strike-out application. The tribunal also refused a later request to reconsider the decision.

Operations Support Manager (12 years' service) v Metroline Travel Limited

An operations support manager with 12 years' service was fairly dismissed for some other substantial reason after a breakdown in trust and confidence with senior management. The tribunal upheld the employer's decision, finding it was within the range of reasonable responses.

Impact Project Coordinator (manager, Grade 8) v Wolverhampton City Council

An Impact Project Coordinator who was dismissed in a sham redundancy after being pressured to take voluntary severance has won her claims of unfair dismissal and direct race discrimination against Wolverhampton City Council. The tribunal awarded her £475,176.34.

Site Supervisor (16 hours/week, also undertook building contracting work) v London Borough of Newham

A site supervisor who resigned after his employer insisted he take holiday only during school term time and launched disciplinary action has won his constructive unfair dismissal claim. The tribunal awarded £15,444.86.

Former employee v BJP Pufi Ltd

A former employee's unfair dismissal claim was struck out after she failed to pay a £300 deposit. The tribunal later revoked the strike-out because the deposit order was sent to the wrong email address.

Senior Lending Manager (homeworker) v Nationwide Building Society

A Senior Lending Manager who cared for her disabled mother was unfairly dismissed by Nationwide Building Society during a redundancy exercise that required all staff to be office-based. The tribunal awarded £345,708 for unfair dismissal and indirect discrimination.

Tandoor chef (5 years' service) v Zaika Restaurant Limited

A tandoor chef with five years' service was made redundant without any consultation after his restaurant closed for lockdown. The tribunal found the dismissal unfair but awarded only £1,304 because he would have been dismissed anyway.

Literary agent (commission-only) v The Andrew Lownie Literacy Agency Ltd

A literary agent paid solely by commission lost his unfair dismissal claim after the tribunal ruled he was not an employee. The case shows the importance of control, mutuality of obligation, and personal service in determining employment status.

Carer for brother with mental health conditions (5 years' service) v Mrs. Naima El-Alaoui

A tribunal found that a carer for his brother was unfairly dismissed after he raised concerns about how family finances were being managed, awarding over £7,000 in compensation.

Accountant (3 years' service) v Aetos Capital Group (UK) Ltd

An accountant with three years' service was unfairly dismissed after her employer merged her role and hired a cheaper replacement. The tribunal found the requirement for Mandarin was a sham.

Consultant obstetrician and gynaecologists v Brighton and Sussex University Hospitals NHS Trust

Two long-serving consultant gynaecologists were unfairly dismissed by Brighton and Sussex University Hospitals NHS Trust, but the tribunal awarded no compensation because they would have been dismissed anyway and were wholly at fault.

Railway employee v First Greater Western Limited

A railway employee's unfair dismissal claim was initially rejected because the respondent name on the claim form didn't match the early conciliation certificate. The tribunal granted reconsideration, accepting the claim from the date the error was explained.

School Business Manager (18 years' service) v The Governors of St Mary's Roman Catholic Primary School

A school business manager who pursued a whistleblowing claim against an interim head teacher was ordered to pay £4,800 in costs after the tribunal found her conduct unreasonable. The school later settled the redundancy claim for £12,443.

Former employee v Dar Corporation Ltd

A former employee was unfairly dismissed by Dar Corporation Ltd and awarded £6,320.60, including unpaid holiday pay and notice pay.

Employee (sales and administrative duties, 8 years' service) v Mr X Zheng

An employee with 8 years' service was constructively dismissed after his employer withheld sales commission and gave him an ultimatum to pay money or be treated as resigned. The tribunal awarded £55,267.37.

Medical doctor (diet clinic) v The Fine Clinic Limited

A medical doctor at a diet clinic was found to be a worker rather than an employee, meaning her unfair dismissal claim failed. However, her whistleblowing claim was allowed to proceed, subject to a £50 deposit order.

Decision Maker (3 years' service) v Department for Work and Pensions

A Decision Maker with three years' service was fairly dismissed after repeated sickness absence and declining offers of support. The tribunal upheld the Department for Work and Pensions' decision.

Night receptionist (6 years' service) v Care Property Management Ltd

A night receptionist with six years' service was suspended without pay and later dismissed without any disciplinary hearing. The tribunal awarded £19,276 in compensation and applied a 25% uplift for breaching the ACAS Code.