Miss L Rowley v Grange Park Bakery Ltd: 6015944/2025

EMPLOYMENT TRIBUNALS

Case No 6015944/2025

Between

Miss L RowleyClaimant

Grange Park Bakery LtdRespondent

Before

Employment Judge Buckley

Date 23 January 2026

JUDGMENT

[1]The claim for automatic unfair dismissal is dismissed. Unfair dismissal

[2]The claim for ordinary unfair dismissal succeeds. Wrongful dismissal

[3]The claim for wrongful dismissal succeeds. Holiday pay

[4]The claim for unpaid holiday pay is dismissed on withdrawal. Case No: 6015944/2025 2 Failure to provide a written statement of terms and conditions of employment

[5]When proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars under section 1 of the Employment Rights Act 1996.

[6]It is just and equitable to make an award equal to four weeks pay. Remedy

[7]No reduction is made to the compensatory award under Polkey v AE Dayton Services Ltd

[1987] UKHL 8

[8]A 25% ACAS uplift is made to the compensatory award.

[9]A 5% reduction is made to the compensatory award under section 123(6) of the Employment

[10]A 5% reduction is made to the basic award under section 122(2) of the Employment Rights Act 1996.

[11]The remainder of the tribunal’s judgment on remedy is reserved. Approved by

REASONS

[6]At the hearing I gave judgment and oral reasons on the following aspects of remedy:a. No reduction is made to the compensatory award under Polkey v AE Dayton Services Ltd

[1987] UKHL 8

b. A 25% ACAS uplift is made to the compensatory award.

c. A 5% reduction is made to the compensatory award under section 123(6) of the Employment

d. A 5% reduction is made to the basic award under section 122(2) of the Employment Rights Act 1996.

remedy:

[7]The claimant informed me late in the day that she was unable to attend beyond 3.30 pm, because she had not realised that the school in which she was conducting the hearing closed at 3.30pm on a Friday. I heard evidence and submissions from the parties on remedy but did not have sufficient time to deliberate and deliver judgment on remedy. I therefore reserved this part of my judgment.

Evidence

[8]I heard evidence from the claimant on remedy. The respondent did not ask any questions in cross-examination. I took account of the evidence in the bundle on efforts to find alternative employment and the evidence of earnings in new employment. Submissions

[9]The respondent made short submissions but did not address any matters relevant to remedy. The claimant made no submissions on remedy. Findings on Polkey, contributory fault and conduct

[10]I have already given judgment and oral reasons in relation to Polkey, contributory fault and conduct as set out above. Findings of fact Case No: 6015944/2025 3

Findings of fact

[11]The claimant was 41 years at the effective date of termination. She was dismissed without notice on 21 February 2025. Her average weekly earnings over the 12 weeks up to dismissal were £182.50 per week net and gross

[12]The evidence in the bundle shows that the claimant applied for 1 job in April 2025, 6 jobs in May 2025, 1 job in June 2025, 9 jobs in July 2025, 10 jobs in August 2025 and 2 jobs in October 2025.

[13]She was successful in obtaining a job at Spectrum in May 2025 in which she earned £3476.82 between May 2025 and 31 December 2025. The claimant obtained a new job at Compass starting on 3 November 2025 in which she earns on average £108 per week.

Conclusions

[14]Although the number of applications has varied over the period, overall I accept that the claimant made reasonable attempts to mitigate her losses until she obtained work at Spectrum at the beginning of November. There is no evidence of any efforts to obtain work after she started work at Spectrum. If the claimant had maintained her job applications at the levels that she had been submitting in July and August, I find that the claimant would, on the balance of probabilities, have been able to find work at a similar level to her salary with the respondent within 12 months of dismissal. On that basis, I award past losses to the date of the tribunal hearing but no future losses.

[15]The compensatory award is assessed as follows: Past losses: £4159.82 (as calculated in the schedule of loss) Future losses: £0 Loss of statutory rights: £500 Decreased by 5% for contributory fault = £4426.83 Increased by 25% for ACAS uplift = £5533.54 Total compensatory award = £5533.54

[16]The basic award is 2 x £182.50 reduced by 5% = £346.75

[17]The award for failure to provide a written statement of terms and conditions is 4 x £182.50 = £730.

[18]There is no award for wrongful dismissal because it overlaps with the award for unfair dismissal. Case No: 6015944/2025 4 Approved by