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Sector Report

Retail Tribunal Data Analysis

Latest legal precedents and outcome patterns in the Retail sector based on our 12-month database analysis.

219Cases Analysed (Last 12 Months)

Historical Retail decisions from our database catalogue.

37%Success Factor

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

63%Dismissal Rate

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

↑ Strongest IndicatorDisability discrimination (60% Success)
↓ Weakest IndicatorDisability Discrimination (0% Success)

Showing 25 cases from the last 2 months.

2600893/202516 Jul 2026
won

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 (1)
  • Ordinary unfair dismissal; contributory fault; reasonableness of employer's decision to dismiss for gross misconduct; credibility of employee's explanations.
GOV.UK SourceView Decision
3302461/202411 Jul 2026
lost

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

Legal Issues (3)
  • 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.
GOV.UK SourceView Decision
6004854/202610 Jul 2026
lost

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.
GOV.UK SourceView Decision
6007218/202430 Jun 2026
won

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 (3)
  • 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.
GOV.UK SourceView Decision
6004954/202529 Jun 2026
struck_out

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.
GOV.UK SourceView Decision
6014525/202429 Jun 2026
struck_out

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.
GOV.UK SourceView Decision
1304894/202425 Jun 2026
struck_out

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 (1)
  • 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.
GOV.UK SourceView Decision
3305209/202518 Jun 2026
struck_out

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.
GOV.UK SourceView Decision
6006866/202518 Jun 2026
won

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.
GOV.UK SourceView Decision
8002735/202518 Jun 2026
lost

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.
GOV.UK SourceView Decision
6006526/202417 Jun 2026
won

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.
GOV.UK SourceView Decision
6033646/202515 Jun 2026
struck_out

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 (1)
  • Strike out under Rule 38(1)(a) for no reasonable prospects of success; lack of jurisdiction for standalone bullying complaints.
GOV.UK SourceView Decision
1402393/202515 Jun 2026
lost

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 (1)
  • Time limit for presenting unfair dismissal claim; withdrawal of unlawful deduction claim.
GOV.UK SourceView Decision
2500629/202512 Jun 2026
split

The claimant succeeded on the unauthorised deduction from wages claim (£201.60) but failed on all discrimination claims, which were dismissed.

Legal Issues (1)
  • Time limit extensions under s.111(2) and s.123(1) Equality Act 2010; unauthorised deductions from wages; direct race discrimination; indirect religious discrimination; just and equitable extension.
GOV.UK SourceView Decision
6041798/202510 Jun 2026
lost

The claimant's claim of unfair dismissal failed and was dismissed by the Tribunal.

Legal Issues (1)
  • Unfair dismissal – claim failed on liability.
GOV.UK SourceView Decision
6016852/202410 Jun 2026
lost

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

Legal Issues (1)
  • Withdrawal of disability discrimination claim; jurisdiction for unlawful deductions from wages under s.14(1) ERA 1996.
GOV.UK SourceView Decision
6029833/20259 Jun 2026
lost

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

Legal Issues (1)
  • Unfair dismissal under section 94 Employment Rights Act 1996; wrongful dismissal (breach of contract).
GOV.UK SourceView Decision
6038984/20259 Jun 2026
other

The claim was dismissed on 19 March 2026 for the claimant's failure to attend the final hearing, and the subsequent costs order is not a substantive verdict on the claim.

Legal Issues (1)
  • Costs order under Rule 74(2) of the Employment Tribunal Procedure Rules 2024; unreasonable conduct in bringing and pursuing proceedings; failure to engage with the Tribunal process.
GOV.UK SourceView Decision
1600009/20254 Jun 2026
split

The claimant won her unfair dismissal claim but lost her victimisation claim (withdrawn), and remedy is yet to be determined.

Legal Issues (1)
  • Unfair dismissal; victimisation (withdrawn); potential adjustment under section 207A(2) TULRCA 1992 for failure to follow ACAS Code of Practice.
GOV.UK SourceView Decision
3302676/20253 Jun 2026
lost

The claimant's complaint of unfair dismissal was not well-founded and was dismissed.

Legal Issues (1)
  • Unfair dismissal under section 94 ERA 1996; discrimination on grounds of maternity/pregnancy (withdrawn).
GOV.UK SourceView Decision
2404433/20251 Jun 2026
struck_out

All claims were struck out because the claimant failed to attend the hearing without explanation.

Legal Issues (1)
  • Strike out under Rule 47 of the Employment Tribunal Rules of Procedure 2024 due to non-attendance of the claimant.
GOV.UK SourceView Decision
6012811/202529 May 2026
lost

The claimant's complaints of unfair dismissal and direct race/religion discrimination were not well founded and were dismissed.

Legal Issues (4)
  • Unfair dismissal
  • direct race discrimination
  • direct religion discrimination
  • failure to pursue other discrimination claims.
GOV.UK SourceView Decision
6031786/202528 May 2026
won

The Tribunal found the Claimant was dismissed (not by mutual agreement) and the Respondent failed to show a potentially fair reason or follow a fair procedure, making the dismissal unfair.

Legal Issues (2)
  • Whether the Claimant was dismissed or left by mutual agreement; the Respondent failed to adduce any potentially fair reason for dismissal or follow any disciplinary procedure
  • leading to a finding of unfair dismissal under s.98 ERA 1996.
GOV.UK SourceView Decision
6043072/202527 May 2026
struck_out

The claims for unfair dismissal and failure to make reasonable adjustments were struck out because the claimant had no reasonable prospects of obtaining an extension of time, while the discrimination arising from disability claim survives.

Legal Issues (1)
  • Whether the claimant had reasonable prospects of securing an extension of time for unfair dismissal under s.111 Employment Rights Act 1996 and for failure to make reasonable adjustments under s.123 Equality Act 2010; application of strike out under rule 37.
GOV.UK SourceView Decision
6038251/202526 May 2026
lost

The claimant's unfair dismissal claim was struck out for lack of qualifying service, and his other claims for bonus, holiday pay, and notice pay were dismissed as not well founded or lacking jurisdiction.

Legal Issues (1)
  • Qualifying period for unfair dismissal (two years' service under s.108 ERA 1996); contractual bonus and holiday pay claims; jurisdiction for notice pay when notice period worked.
GOV.UK SourceView Decision

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.