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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.

241Cases Analysed (Last 12 Months)

Final Retail decisions with at least one determined claim.

31%Success Factor

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

69%Dismissal Rate

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

↑ Strongest IndicatorRedundancy Pay (53% Success)
↓ Weakest IndicatorWhistleblowing (0% Success)

Search by Claim Type

Unfair DismissalConstructive DismissalDiscriminationRedundancy PayUnpaid WagesWhistleblowingBreach of ContractHarassment

Showing 22 cases from the last 2 months.

Employers in recent Retail decisions

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

Marks and Spencer plcTesco Stores LtdWickes Building Supplies LtdJohn Lewis plcAsda Stores LtdMr G Murray (T/a Stonehouse Service Station)Next Distribution LtdLidl Great Britain LtdAmazon UK Services LtdSally Salon Services LtdSainsbury’s Supermarkets LtdMattress World NW Ltd
17 Sept 2026
Claim dismissed

Discrimination

The Tribunal determined that the claimant was not a disabled person at the relevant times, meaning his disability discrimination claim cannot succeed.

Legal Issues (8)
  • The sole legal issue was whether the claimant met the definition of disability under section 6 of the Equality Act 2010 by reason of autism spectrum disorder
  • Asperger's Syndrome
  • associated difficulties with communication
  • routines
  • stress
  • anxiety
  • sleep
  • sensory sensitivities

Reference: 6015844/2024

16 Sept 2026
Mixed outcome£1,841 awarded

Unfair Dismissal and Breach of Contract

The unfair dismissal claim was dismissed (lost) but the wrongful dismissal claim succeeded (won), resulting in a split outcome.

Legal Issues (2)
  • Unfair dismissal under the Employment Rights Act 1996
  • wrongful dismissal (breach of contract) for notice pay

Reference: 2309092/2024

15 Sept 2026
Claim struck out

Unfair Dismissal

The claim was struck out because the claimant lacked the requisite two years' continuous service for an unfair dismissal claim, the claim was presented significantly out of time, and the claimant failed to actively pursue the claim or comply with case management directions.

Legal Issues (3)
  • Jurisdiction to hear an unfair dismissal claim: (1) claimant lacked the requisite two years' continuous employment
  • (2) claim presented out of time (5 months late) with no explanation
  • (3) claim struck out for no reasonable prospect of success and failure to actively pursue (Rule 38)

Reference: 6012922/2025

11 Sept 2026
Claim dismissed

Unfair Dismissal

The claimant was fairly dismissed, so the unfair dismissal claim was not well-founded and failed on its merits.

Legal Issues (2)
  • Whether the claimant's dismissal was fair within the meaning of the Employment Rights Act 1996. The Tribunal concluded the dismissal was fair
  • thus the claim failed

Reference: 6010495/2025

9 Sept 2026
Claim struck out

Unfair Dismissal, Discrimination and Harassment

The claim was struck out under Rule 47 because the claimant failed to attend the preliminary hearing and had not progressed the case.

Legal Issues (4)
  • Rule 47 dismissal for non-attendance
  • overriding objective
  • claimant's capacity and failure to provide medical evidence
  • prejudice to respondent

Reference: 2400226/2024

25 Aug 2026
Mixed outcome£14,886.30 awarded

Discrimination, Unpaid Wages and Harassment

The claimant succeeded on her harassment claim and received compensation for injury to feelings, but her other claims were dismissed or withdrawn.

Legal Issues (2)
  • Time limits for disability discrimination claims
  • injury to feelings compensation for harassment

Reference: 8001491/2025

19 Aug 2026
Claimant won

Unfair Dismissal

The claimant was unfairly dismissed but the compensation was reduced to zero due to his own conduct.

Legal Issues (2)
  • Unfair dismissal
  • reduction of award for contributory conduct

Reference: 6000243/2026

18 Aug 2026
Dismissed on jurisdiction

Unpaid Wages

The Tribunal lacked jurisdiction because the complaint was presented substantially out of time and it was reasonably practicable for the claimant to have presented it by June 2024, so no extension was justified.

Legal Issues (3)
  • Whether the claim was presented within the time limit under section 23 of the Employment Rights Act 1996
  • whether it was not reasonably practicable to present the claim in time
  • whether it was presented within such further period as was reasonable

Reference: 8000510/2026

17 Aug 2026
Claim dismissed

Unfair Dismissal, Constructive Dismissal, Discrimination, Unpaid Wages, Whistleblowing and Harassment

All substantive claims were dismissed as not well-founded; the wages claim was settled through ACAS and the third party harassment complaint was withdrawn.

Legal Issues (4)
  • Multiple discrimination and harassment claims under Equality Act
  • whistleblowing detriment
  • constructive unfair dismissal
  • unauthorised deduction from wages

Reference: 6031157/2025

14 Aug 2026
Claim dismissed

Discrimination

The claimant was found not to be disabled under the Equality Act 2010, so the reasonable adjustments claim was dismissed.

Legal Issues (1)
  • Whether the claimant was disabled within the meaning of section 6 of the Equality Act 2010 at the material times

Reference: 6028476/2025

14 Aug 2026
Dismissed on jurisdiction

Unfair Dismissal, Discrimination and Whistleblowing

All claims were dismissed for being presented out of time and failing to meet the statutory tests for extending time, so the Tribunal had no jurisdiction.

Legal Issues (3)
  • Jurisdictional time limits: whether constructive unfair dismissal and whistleblowing claims were presented within the time limit in section 111(2)(a) and section 48(3)(a) of the Employment Rights Act 1996
  • whether time should be extended under the 'not reasonably practicable' test
  • whether disability discrimination claims were within time under section 123(1)(a) of the Equality Act 2010 and the 'just and equitable' discretion

Reference: 8003047/2025

13 Aug 2026
Claim struck out

Other

The claimant failed to comply with tribunal orders and did not attend the hearing, leading to strikeout of the entire claim.

Legal Issues (1)
  • Strikeout under Rule 37 for non-compliance with tribunal orders and failure to prosecute the claim

Reference: 6017080/2025

12 Aug 2026
Claim struck out

Discrimination

The claim was struck out because the claimant failed to comply with case management directions and a fair hearing could not be achieved within a reasonable timeframe.

Legal Issues (5)
  • Strike out under Employment Tribunal Rules 38
  • overriding objective
  • fair hearing within reasonable time
  • failure to comply with orders
  • disability adjustments

Reference: 6015312/2025

11 Aug 2026
Claim dismissed

Constructive Dismissal, Discrimination and Unpaid Wages

The disability discrimination claim was dismissed because it was presented more than three months after the last act of alleged discrimination and it was not just and equitable to extend the time limit.

Legal Issues (5)
  • Time limits under s.123 Equality Act 2010
  • just and equitable extension
  • balance of prejudice
  • claimant's knowledge of discrimination and time limits
  • internal grievance process not a valid excuse for delay

Reference: 8001636/2025

10 Aug 2026
Claimant won£50 awarded

Unpaid Wages

The complaint of unauthorised deductions from wages was well-founded and the respondent made an unauthorised deduction of £50.

Legal Issues (3)
  • Unauthorised deductions from wages under the Employment Rights Act 1996
  • calculation of net sum
  • employer liability for tax and NI

Reference: 6014343/2026

10 Aug 2026
Outcome unclear

Unfair Dismissal and Whistleblowing

The whistleblowing detriment claim was withdrawn and the deposit order application on the unfair dismissal claim was refused, leaving the unfair dismissal claim undetermined.

Legal Issues (2)
  • Withdrawal of whistleblowing detriment claim
  • application for deposit order on automatic unfair dismissal refused

Reference: 6030892/2025

9 Aug 2026
Mixed outcome£14,874.65 awarded

Unfair Dismissal, Discrimination, Redundancy Pay, Breach of Contract and Other

The first claimant won unfair dismissal and wrongful dismissal; the second claimant won only wrongful dismissal and failed on unfair dismissal due to lack of continuous service; discrimination and redundancy claims were dismissed or withdrawn.

Legal Issues (2)
  • Unfair dismissal: first claimant succeeded due to absence of fair reason and procedure
  • second claimant lacked continuous service. Wrongful dismissal: both succeeded as no notice or cause shown. Discrimination: no evidence of race/age discrimination. Redundancy: withdrawn. S.38: awarded for missing written particulars. Respondents' failure to defend resulted in limited participation

Reference: 3311661/2024

8 Aug 2026
Claim dismissed

Unpaid Wages and Other

All claims dismissed because the claimant failed to prove unlawful deductions (or claims were time-barred), the respondent provided itemised pay statements, and the holiday pay claim was unparticularised.

Legal Issues (5)
  • Time limits for unlawful deduction of wages claims
  • reasonable practicability for extension
  • burden of proof on hours worked
  • requirement for itemised pay statements
  • particularisation of holiday pay claims

Reference: 2300261/2026

7 Aug 2026
Claimant won£1,212.17 awarded

Unfair Dismissal

The claimants' unfair dismissal claims succeeded and compensation was awarded.

Legal Issues (1)
  • Unfair dismissal – whether the dismissals were procedurally and substantively fair

Reference: 1303132/2025

6 Aug 2026
Mixed outcome£13,082.99 awarded

Unfair Dismissal, Discrimination, Breach of Contract and Harassment

The claimant succeeded on some complaints of discrimination and harassment, and fully on victimisation, unfair dismissal, and breach of contract, but other discrimination and harassment complaints were dismissed.

Legal Issues (4)
  • Disability discrimination (failure to make reasonable adjustments, harassment)
  • victimisation
  • unfair dismissal
  • breach of contract (notice pay)

Reference: 3303507/2024

5 Aug 2026
Claim struck out

Unfair Dismissal and Discrimination

The claim was struck out because it contained no particulars, had no reasonable prospect of success, and the claimant failed to pursue it or attend the hearing.

Legal Issues (2)
  • Strike out under Rule 37 for failure to provide particulars and no reasonable prospect of success
  • also failure to prosecute the claim

Reference: 1805935/2025

3 Aug 2026
Claim dismissed

Constructive Dismissal, Discrimination and Other

All claims were dismissed because the tribunal found the claimant was not a disabled person under s.6 Equality Act 2010 and the itemised pay statement claim failed.

Legal Issues (4)
  • Disability status under s.6 Equality Act 2010
  • reasonable adjustments duty under ss.20-21
  • constructive discriminatory dismissal
  • itemised pay statement obligation under s.8 Employment Rights Act 1996

Reference: 3302011/2025