Employment Tribunal Rules for Claimant: Unfair Dismissal and Unlawful Deduction Claims Succeed
📌 In brief
An Employment Tribunal ruled in favour of the worker on claims of unfair dismissal and unlawful deduction of wages but dismissed complaints about disability and race discrimination. The decision highlights the importance of timely payment of notice pay under employment contracts.
⚖️ Legal holding
An employer must provide notice pay within the contractual period to avoid breaching employment rights.
📖 What the law says
This section outlines the criteria for determining whether the dismissal of an employee is fair or unfair. It requires the employer to provide the reason for the dismissal and prove that the reason falls within certain categories, including capability, qualifications, redundancy, or a breach of duty or restriction. Additionally, the fairness of the dismissal is judged based on whether the employer acted reasonably in the circumstances.
This section defines direct discrimination, stating that it occurs when someone is treated less favorably due to a protected characteristic like age, disability, marriage status, race, or sex. There are specific provisions for age, disability, and race discrimination, including exceptions and additional considerations.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The claimant's unfair dismissal and unlawful deduction claims succeeded, while disability discrimination and race discrimination claims failed.
📜 Headnote Official document
The Employment Judge dismissed the claimant's complaints of disability discrimination, race discrimination, and unlawful deductions from wages. However, the unfair dismissal complaint succeeded, as did a claim for an unlawful deduction due to delayed notice pay.
📚 Full judgment Official document
OUTCOME: Allowed in Part
Case Nos: 2305733/2023, 2307524/2023, 2305324/2024, 6023583/2024
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondent: [redacted]
Heard at:
London South Employment Tribunal, Croydon (by video)
On:
13, 14, 15, 16, 17, 20 and 21 April 2026
Before:
Employment Judge Abbott, [NAME] and [NAME] Claimant: [redacted] Respondent: [redacted]
1. The complaints of failure to make reasonable adjustments are not well- founded and are dismissed.
2. The complaints of discrimination arising from disability are not well-founded and are dismissed.
3. The complaint of direct race discrimination is dismissed as the Tribunal does not have jurisdiction to hear it.
4. The complaint of unfair dismissal succeeds. The claimant was unfairly dismissed. The remedy to which the claimant is entitled as a consequence shall be determined at a remedy hearing.
5. The complaint of unlawful deductions from wages in respect of the period April to May 2022 is dismissed as the Tribunal does not have jurisdiction to hear it.
6. There was a delay in the payment of the notice pay to which the claimant was contractually entitled from July-September 2024 until October 2025. This amounted to an unlawful deduction and breach of the claimant’s contract of employment. The claimant is entitled to recover any financial losses consequent upon this delay, such losses to be quantified at a remedy hearing.
7. The other complaints of unlawful deductions from wages are not well- founded and are dismissed.
Approved by:
Employment Judge Abbott
Date: 21st April 2026
Judgment sent to parties on 14th May 2026
For the Tribunal Office
Notes Summary reasons for the judgment having been given orally at the hearing, written summary reasons will not be provided unless a request for written summary reasons was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. If either party requests written summary reasons then the Tribunal may, if it considers it appropriate to do so, provide written full reasons.
Public access to employment tribunal decisions Judgments and full (but not summary) reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.
Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice- directions/
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Employment Tribunal Dismisses Claims for Being Out of Time
- Employment Tribunal Unfair Dismissal Claim Rejected by Employment Tribunal
- Employment Tribunal Late Filing Costs Claimant: Unfair & Wrongful Dismissal Claims Rejected
- Employment Tribunal Employment Tribunal Rejects Disability Discrimination Claims Against Police
- Employment Tribunal Claimant's Employment Claims Dismissed by Employment Judge Lancaster
- Employment Tribunal Unfair Dismissal Claim Rejected by Employment Tribunal
- Employment Tribunal Employment Tribunal: Claimants Not Found to Be Employees
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- An employer must reasonably adjust its policies for employees who are disabled, as defined by the Equality Act 2010.
- A claim can proceed if it is not reasonably practical to present the complaint within the initial time limit but is presented within a further reasonable period
- A claim must be brought within the statutory limitation period unless it is not reasonably practicable to do so.
❌ Tends to be rejected
- An employer may dismiss an employee on substantial grounds even if those grounds are later exonerated by a professional body like the NMC.
- A joint director and shareholder is not considered an employee or worker under the Employment Rights Act 1996 for the purposes of claiming wages, redundancy, or
- An employer is not required to make reasonable adjustments or avoid unfavourable treatment arising from a disability if such actions are not well-founded under
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Employment Tribunal ruled in favour of the claimant on unfair dismissal and unlawful deduction claims, but dismissed complaints about disability and race discrimination.
Who was involved?
A worker (the claimant) brought a case against their employer at an Employment Tribunal.
How did the court decide, and why?
The tribunal found that the employer had unfairly dismissed the worker and delayed payment of notice pay, but failed to prove disability or race discrimination.
Which laws or rules were applied?
Key provisions included the Employment Rights Act 1996 and Equality Act 2010.
What was the argument that mattered most?
The central reasoning focused on whether the employer had unfairly dismissed the worker and delayed payment of notice pay, which is a breach of employment rights.
Was the decision for or against the person who brought the case?
The decision was partly in favour of the claimant, supporting unfair dismissal and unlawful deduction claims but dismissing others.
What does this mean for someone in a similar situation?
Someone facing a similar situation should ensure they understand their employment rights regarding notice pay and unfair dismissal procedures.
What evidence or documents mattered?
The tribunal likely considered the worker's contract, payment records, and any correspondence with HR or management.
Can a decision like this be appealed?
Yes, decisions from Employment Tribunals can often be appealed to the Employment Appeal Tribunal.
Is it worth getting a solicitor for a case like this?
It is highly recommended to seek advice from a qualified solicitor when dealing with employment disputes.