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Sector Report

Retail Tribunal Data Analysis

Employment Tribunal decisions and outcome patterns in the Retail sector from the last 12 months.

240Cases Analysed (Last 12 Months)

Final Retail decisions with at least one determined claim.

34%Success Factor

Proportion of cases won or split/upheld in our database.

66%Dismissal Rate

Cases lost or struck out due to procedural/jurisdictional issues.

↑ Strongest IndicatorRedundancy Pay (61% Success)
↓ Weakest IndicatorWhistleblowing (0% Success)

Showing 18 cases from the last 2 months.

Employers in recent Retail decisions

Browse the latest published decisions for employers represented in this sector sample.

17 Jul 2026
Mixed outcome

Unfair Dismissal, Discrimination, Unpaid Wages, Breach of Contract and Harassment

The claimant won on unfair dismissal but lost on all other claims (notice pay, holiday pay, disability discrimination, harassment, victimisation).

Legal Issues (10)
  • Unfair dismissal with Polkey reduction (50% chance of fair dismissal)
  • ACAS Code uplift (10%)
  • disability discrimination claims (direct
  • indirect
  • discrimination arising from disability
  • reasonable adjustments
  • harassment
  • victimisation) all dismissed
  • breach of contract for notice pay dismissed
  • holiday pay claim dismissed.
16 Jul 2026
Claimant won£8,016.38 awarded

Unfair Dismissal

The claim of unfair dismissal succeeded, but the award was significantly reduced due to the Claimant's contributory fault in failing to follow safety protocols.

Legal Issues (4)
  • Ordinary unfair dismissal
  • contributory fault
  • reasonableness of employer's decision to dismiss for gross misconduct
  • credibility of employee's explanations.
11 Jul 2026
Claim dismissed

Constructive Dismissal, Discrimination and Unpaid Wages

All claims were dismissed as not well-founded after a full merits hearing.

Legal Issues (7)
  • Time limits under s.123 Equality Act 2010 and s.23 Employment Rights Act 1996
  • constructive dismissal test (breach of contract
  • resignation in response
  • affirmation)
  • direct discrimination comparators
  • burden of proof
  • unauthorised deductions.
10 Jul 2026
Claim dismissed

Redundancy Pay and Unpaid Wages

The claimant was not an employee of Sixmen Limited at the material time, so her claims for redundancy pay and holiday pay were dismissed.

Legal Issues (7)
  • Whether the claimant was an 'employee' under section 230(1) of the Employment Rights Act 1996
  • applying the tests of control
  • mutuality of obligation
  • and personal performance from Ready Mixed Concrete and Autoclenz. The tribunal found she lacked the necessary elements of a contract of service
  • as she exercised sole control
  • had no defined hours or supervision
  • and her remuneration was structured as a director's salary.
30 Jun 2026
Claimant won

Unfair Dismissal and Breach of Contract

The respondent dismissed the claimant without any investigation, without putting allegations to her, and without following a fair process, making the dismissal unfair and wrongful.

Legal Issues (8)
  • Unfair dismissal – whether the employer had a genuine belief in misconduct
  • carried out a reasonable investigation
  • and acted within the range of reasonable responses
  • wrongful dismissal/breach of contract (notice pay)
  • reinstatement
  • Polkey reduction
  • ACAS uplift
  • contributory fault.
29 Jun 2026
Claim struck out

Discrimination

The specific complaint alleging that 'lack of promotion' was race discrimination was struck out, while the other complaints were allowed to proceed.

Legal Issues (1)
  • Whether the complaint of race discrimination regarding lack of promotion should be struck out as having no reasonable prospects of success or being otherwise an abuse of process.
29 Jun 2026
Claim struck out

Other

The claim was struck out because the Tribunal had no jurisdiction to decide any of the legal complaints.

Legal Issues (1)
  • Tribunal jurisdiction under Rule 38 of the Employment Tribunals Procedure Rules 2024.
25 Jun 2026
Claim struck out

Unpaid Wages

The claim was struck out because the only remedy available (unpaid holiday pay) had been conceded and paid in full, leaving no extant claim, and the tribunal had no jurisdiction over the remaining complaints regarding delay or tax treatment.

Legal Issues (3)
  • Strike out under Rule 38 of the Employment Tribunal Procedure Rules 2024 for no reasonable prospect of success
  • tribunal functus officio after full payment of the only remedy
  • lack of jurisdiction over tax-related complaints.
18 Jun 2026
Claim dismissed

Whistleblowing

The tribunal dismissed all claims because the claimant failed to establish that he made a protected disclosure or that his dismissal was for that reason.

Legal Issues (1)
  • Whether the claimant made a protected disclosure and whether his dismissal was automatically unfair due to that disclosure.
18 Jun 2026
Claimant won£21,667.32 awarded

Discrimination and Unpaid Wages

The claimant succeeded in her claims for unpaid company sick pay, pension contributions, and injury to feelings, with the tribunal ordering the respondent to pay £21,667.32 in total.

Legal Issues (5)
  • Company sick pay entitlement
  • injury to feelings award (Vento bands)
  • ACAS Code of Practice reduction
  • interest calculation
  • reconciliation of overpaid salary.
18 Jun 2026
Claim struck out

Unfair Dismissal and Breach of Contract

The claim was struck out because the claimant failed to comply with a Tribunal order and did not actively pursue the claim, and did not respond to a warning letter.

Legal Issues (1)
  • Strike out under Rule 38 of the Employment Tribunal Procedure Rules 2024 for non-compliance with a Tribunal order and failure to actively pursue the claim.
17 Jun 2026
Claimant won£9,682.89 awarded

Unfair Dismissal and Breach of Contract

The claimant succeeded in her claims for unfair dismissal and wrongful dismissal, with the tribunal ordering compensation.

Legal Issues (5)
  • Unfair dismissal
  • wrongful dismissal
  • contributory fault
  • ACAS uplift
  • loss of statutory rights.
15 Jun 2026
Claim dismissed

Unfair Dismissal and Unpaid Wages

The unfair dismissal claim was dismissed as it was not presented within the applicable time limit, and the unlawful deduction claim was withdrawn.

Legal Issues (2)
  • Time limit for presenting unfair dismissal claim
  • withdrawal of unlawful deduction claim.
15 Jun 2026
Claim struck out

Discrimination

The sex discrimination complaint was struck out because it had no reasonable prospects of success and the claimant failed to respond to the Tribunal's warning.

Legal Issues (2)
  • Strike out under Rule 38(1)(a) for no reasonable prospects of success
  • lack of jurisdiction for standalone bullying complaints.
12 Jun 2026
Claimant won£20,196.54 awarded

Unfair Dismissal and Constructive Dismissal

The complaint of unfair constructive dismissal was well-founded, and the claimant was unfairly dismissed.

Legal Issues (2)
  • Constructive unfair dismissal
  • Polkey reduction (20% chance of fair dismissal).
10 Jun 2026
Claim dismissed

Discrimination and Unpaid Wages

The claimant's disability discrimination complaint was withdrawn, and the unlawful deductions claim was dismissed for want of jurisdiction.

Legal Issues (2)
  • Withdrawal of disability discrimination claim
  • jurisdiction for unlawful deductions from wages under s.14(1) ERA 1996.
9 Jun 2026
Claim dismissed

Unfair Dismissal and Breach of Contract

The tribunal found that the claimant's claims of unfair dismissal and wrongful dismissal were not well founded and dismissed them.

Legal Issues (2)
  • Unfair dismissal under section 94 Employment Rights Act 1996
  • wrongful dismissal (breach of contract).

Data sources

Decisions are sourced from official GOV.UK Employment Tribunal publications.

Important: Summaries and statistics are automated. Always verify against the original decision documents.