Claimant v WKCIC (t/a Capital City College Group)
Outcome
Individual claims
This is a remedy hearing following a finding of unfair constructive dismissal. The tribunal accepted the claimant was constructively dismissed after the respondent completely failed to deal with his grievance, dealing only with the grievance of the technician whose performance formed part of the claimant's complaint.
Facts
Mr Hope, a lecturer aged 49, resigned from Capital City College Group on 29 October 2021 after 17 years' service. This was a remedy hearing following a liability finding of constructive unfair dismissal, partly due to the respondent's complete failure to address his grievance. The claimant immediately sought new employment, securing a lower-paid fixed-term technician role at UAL from November 2021 to December 2022, then a production technician role at the British Museum from January 2023, initially at lower pay but matching his prior salary from October 2023.
Decision
The tribunal awarded £44,068.33 gross for unfair dismissal, comprising a basic award of £13,137.60 and compensatory award of £27,413.64 (including £6,945.02 pension loss). The tribunal rejected the respondent's mitigation arguments, finding the claimant acted reasonably in his job search and could not have obtained additional freelance work. A 15% ACAS uplift was applied due to the respondent's complete failure to handle the grievance. Loss was calculated to 30 September 2023 when the claimant's new salary matched his former pay.
Practical note
When defending mitigation arguments at remedy hearings, respondents must provide concrete evidence that alternative work was available and the claimant would have secured it—failure to do so means the burden is not discharged under the Edward v Tavistock test, even where the claimant is self-represented.
Award breakdown
Award equivalent: 66.9 weeks' gross pay
Adjustments
15% uplift awarded due to respondent's complete failure to deal with the claimant's grievance, instead dealing only with the grievance of the technician whose performance formed part of the claimant's grievance.
Legal authorities cited
Statutes
Case details
- Case number
- 3300116/2022
- Decision date
- 18 March 2024
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Lecturer
- Salary band
- £30,000–£40,000
- Service
- 17 years
Claimant representation
- Represented
- No