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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.