Cases2500666/2024

Claimant v INTO Newcastle University LLP

6 February 2025Before Employment Judge AspdenNewcastlein person

Outcome

Partly successful£75,152

Individual claims

Wrongful Dismissalsucceeded

The tribunal found that the respondent breached the claimant's contract of employment by dismissing him without notice. The parties agreed damages of £1,679.30.

Unfair Dismissalsucceeded

The tribunal found the dismissal was unfair. The parties agreed compensation totaling £73,473.05 comprising a compensatory award only, suggesting the claimant did not qualify for a basic award.

Direct Discrimination(age)failed

The tribunal found the claim of age discrimination was not well founded and dismissed it. The tribunal was not satisfied the claimant had established facts from which discrimination could be inferred or that age was a factor in the treatment.

Facts

G Wickstead was employed by INTO Newcastle University LLP, an education sector organisation. The respondent dismissed the claimant summarily without notice. The claimant brought claims for wrongful dismissal, unfair dismissal and age discrimination. The case proceeded to a four-day full merits hearing before Employment Judge Aspden. The parties agreed the quantum of damages and compensation prior to or during the hearing.

Decision

The tribunal upheld the claims for wrongful dismissal and unfair dismissal, awarding £1,679.30 for breach of contract (notice pay) and £73,473.05 as a compensatory award for unfair dismissal. However, the tribunal dismissed the age discrimination claim, finding it not well founded. Recoupment regulations did not apply.

Practical note

A dismissal without notice can constitute both wrongful and unfair dismissal, but employers should not assume that additional discrimination claims will succeed without clear evidence linking protected characteristics to the treatment.

Award breakdown

Compensatory award£73,473
Notice pay£1,679

Case details

Case number
2500666/2024
Decision date
6 February 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep