Claimant v Dyke Alehouse Ltd (In liquidation)
Outcome
Individual claims
The tribunal found that the claimant was entitled to one month's notice pay. The respondent had paid only £359, leaving a balance of £1197 net owed to the claimant based on her average monthly net salary of £1555.
The claim was dismissed because the claimant did not have the required two years' continuous service to bring an ordinary unfair dismissal claim under the Employment Rights Act 1996.
The tribunal found the claim for direct sex discrimination to be well founded. The claimant was awarded compensation for 10 weeks' net loss of wages and £6000 for injury to feelings, indicating the tribunal accepted she was discriminated against on grounds of her sex.
Facts
Miss Stephens brought claims against Dyke Alehouse Ltd (in liquidation) for breach of contract, unfair dismissal, and direct sex discrimination. The respondent did not attend the hearing and was in liquidation. The claimant had less than two years' service and had received only partial payment of her notice pay. The tribunal heard evidence relating to sex discrimination during her employment.
Decision
The tribunal upheld the breach of contract claim, awarding £1197 net for unpaid notice pay. The unfair dismissal claim failed due to insufficient service. The sex discrimination claim succeeded, with the claimant awarded £3400 for lost wages and £6000 for injury to feelings, totaling £10,597.
Practical note
Even where a claimant lacks the two-year qualifying period for ordinary unfair dismissal, a successful discrimination claim can still provide significant compensation including injury to feelings and loss of earnings.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 2304117/2024
- Decision date
- 29 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No