Ms L Tate v A Groom With A View Ltd and Ms L Watson: 2603799/2020

EMPLOYMENT TRIBUNALS

Case No 2603799/2020

Between

Ms L TateClaimant

(1) A Groom With A View Ltd (2) Ms Lindsey WatsonRespondent

Before

Employment Judge Camp

Members

Mr G Edmondson

Mr J Purkis

Ms S Hubbard (instructed by solicitor) for claimant

Mr R Clement (instructed by counsel) for respondent

Date 6 April 2022

JUDGMENT

(1) The claimant was unfairly dismissed in accordance with section 100(1)(c) of the Employment Rights Act 1996 (“ERA”).

(2) If the remedy for unfair dismissal is an award of compensation in accordance with ERA section 112(4), there shall be no reduction to any compensatory award under ERA section 118(1)(b) pursuant to the so-called ‘Polkey principle’ (see Polkey v AE Dayton Services Ltd

[1987] UKHL 8

; paragraph 54 of Software 2000 Ltd v Andrews

[2007] ICR 825

(3) The complaints of detriment under ERA section 44(1)(c) designated a and b succeed and those designated c, d and e fail.

(4) The claimant’s complaints that she was unfairly dismissed in accordance with ERA section 100(1)(e) and that she was subjected to detriments in accordance with ERA section 44(1)(e) are dismissed upon withdrawal, pursuant to rules 51 and 52 of the Rules of Procedure.

(5) The claimant did not make a relevant protected disclosure and her complaints that she was dismissed and subjected to detriments because she did so therefore fail.

(6) In light of paragraph (5) immediately above, all complaints against the second respondent, Ms Lindsey Watson, fail.

(7) In light of the above decision, the parties have agreed confidential terms of settlement and have confirmed that, although the claim is not being withdrawn, it has been resolved and the Tribunal can close its case file. 1 of 2 Case No. 2603799/2020 EMPLOYMENT JUDGE CAMP 06 April 2022 .................................................................................... .................................................................................... Note: Reasons for paragraphs (1) to (6) above were given orally. Written reasons will not be provided unless asked for by a written request presented by any party within 14 days of the sending of the written record of the decision. All judgments and any written reasons are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant and respondent. 2 of 2