Cases3302798/2024

Claimant v Western Turville Golf Club Ltd

Outcome

Partly successful£12,679

Individual claims

Unfair Dismissalsucceeded

The tribunal found that the dismissal was unfair, likely on procedural grounds or because redundancy was not a genuine reason. The claimant was dismissed without proper process on 8 January 2024.

Wrongful Dismissalsucceeded

The claimant was entitled to 10 weeks' statutory minimum notice but was dismissed without any notice. This constituted a breach of contract.

Redundancy Paysucceeded

The tribunal determined under section 163 ERA 1996 that the claimant is entitled to a statutory redundancy payment, indicating the dismissal was by reason of redundancy.

Direct Discrimination(age)failed

The tribunal dismissed the age discrimination claim, finding no evidence that age was a factor in the dismissal or treatment of the claimant.

Holiday Payfailed

The tribunal dismissed the holiday pay claim, finding either no outstanding holiday pay was due or the claim was not established on the evidence.

Unlawful Deduction from Wagesfailed

The tribunal dismissed the claim for deductions from wages, finding no unlawful deductions were made from the claimant's pay.

Facts

Mrs Phipps was employed by Omega Leisure Management Ltd and was dismissed without notice on 8 January 2024. She was entitled to 10 weeks' statutory minimum notice but received none. The first respondent, Western Turville Golf Club Ltd, was actually dissolved in 2016 and was not the true employer. The claimant brought claims including unfair dismissal, wrongful dismissal, redundancy pay, age discrimination, holiday pay, and unlawful deduction of wages.

Decision

The tribunal found in favour of the claimant on her claims for unfair dismissal, wrongful dismissal, and redundancy pay. It dismissed her claims for age discrimination, holiday pay, and unlawful deductions from wages. The second respondent was ordered to pay statutory redundancy payment of £3,984.75, notice pay of £2,415 net, and a compensatory award of £6,279.06.

Practical note

Even where a claimant succeeds on core dismissal claims, discrimination claims require separate evidential foundations and will be dismissed if not established.

Award breakdown

Compensatory award£6,279
Notice pay£2,415
Redundancy pay£3,985

Legal authorities cited

Statutes

ERA 1996 s.163

Case details

Case number
3302798/2024
Decision date
25 April 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
hospitality
Represented
Yes

Claimant representation

Represented
No