Sector Report

Retail Tribunal Data Analysis

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

242Cases 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 (65% Success)
↓ Weakest IndicatorWhistleblowing (0% Success)

Showing 20 cases from the last 2 months.

Employers in recent Retail decisions

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

6 Oct 2026
Claim struck out

Other

The claim was struck out due to the claimant's non-compliance with case management orders and failure to actively pursue the claim.

Legal Issues (1)
  • Strike-out under Rule 38 of the Employment Tribunal Procedure Rules 2024 for non-compliance with orders and failure to pursue the claim. Consideration of the overriding objective

Reference: 2300390/2026

30 Sept 2026
Claim struck out

Other

The claim was struck out due to the claimant's failure to comply with a Tribunal order and to actively pursue the claim.

Legal Issues (1)
  • Striking out a claim under Rule 38 of the Employment Tribunal Procedure Rules 2024 for non-compliance with an order and failure to actively pursue the claim

Reference: 6045089/2025

29 Sept 2026
Dismissed on jurisdiction

Unpaid Wages and Breach of Contract

The tribunal dismissed both claims due to lack of jurisdiction: the breach of contract claim did not arise on termination because the claimants' employment transferred under TUPE, and both claims were presented out of time with no reasonable excuse for the delay.

Legal Issues (4)
  • Jurisdiction: whether breach of contract claim arises on termination (TUPE transfer means no termination)
  • time limits for unlawful deduction of wages and breach of contract
  • whether it was not reasonably practicable to present claims in time
  • whether further delay was reasonable

Reference: 2300585/2026

21 Sept 2026
Claim struck out

Discrimination and Whistleblowing

The entire claim was struck out because it had no reasonable prospect of success, given the substantial delay, the failure to establish the respondents' personal responsibility, and the claims falling outside Employment Tribunal jurisdiction.

Legal Issues (4)
  • Time limits
  • strike-out under Rule 38 for no reasonable prospect of success
  • lack of jurisdiction for personal injury claims in the Employment Tribunal
  • just and equitable extension of time

Reference: 6002467/2024

20 Sept 2026
Mixed outcome

Unfair Dismissal and Discrimination

The unfair dismissal claim was struck out due to lack of service, while the discrimination claim continues, resulting in a split final outcome.

Legal Issues (3)
  • Requirement of two years' continuous service for an unfair dismissal complaint under section 108 Employment Rights Act 1996
  • distinction between unfair dismissal (ERA) and discrimination (Equality Act 2010) claims
  • strike-out for no reasonable prospects under Rule 3 of the ET Procedure Rules 2024

Reference: 6042303/2025

18 Sept 2026
Claim dismissed

Unfair Dismissal

The tribunal found the unfair dismissal complaint not well-founded and dismissed it.

Legal Issues (1)
  • Unfair dismissal – whether the dismissal was fair or unfair

Reference: 2304165/2025

18 Sept 2026
Claim dismissed

Discrimination

The tribunal dismissed both disability discrimination complaints as not well-founded.

Legal Issues (1)
  • Disability discrimination – unfavourable treatment under section 15 Equality Act 2010 and failure to make reasonable adjustments under section 20/21 Equality Act 2010

Reference: 2406806/2024

17 Sept 2026
Claimant won

Other

The claims for a protective award were well-founded because the respondent failed to consult the claimants before dismissal.

Legal Issues (2)
  • Whether the respondent failed in its duty to consult under section 188 TULRCA 1992
  • the length of the protected period for the protective award

Reference: 2402715/2026

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

3 Sept 2026
Claimant won

Redundancy Pay

The tribunal found the complaint well-founded and made a protective award of 90 days' remuneration.

Legal Issues (3)
  • Whether the claimant was assigned to a single establishment with 20 or more redundancies under TULRCA s.188. Tribunal held she was part of Head Office staff
  • which had 40-50 employees
  • satisfying the threshold

Reference: 6042326/2025

28 Aug 2026
Claim dismissed

Discrimination

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

Legal Issues (1)
  • Direct age discrimination and direct sex discrimination under the Equality Act 2010

Reference: 6000660/2025

25 Aug 2026
Claim dismissed

Unfair Dismissal, Discrimination and Harassment

All claims were unsuccessful: the unfair dismissal claim was struck out for being out of time, and the discrimination and harassment claims were dismissed on the merits.

Legal Issues (5)
  • Time limits for unfair dismissal
  • disability discrimination
  • reasonable adjustments
  • harassment
  • proportionality of dismissal for disability-related absence

Reference: 6016159/2024

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

25 Aug 2026
Claim struck out

Unpaid Wages

The claim was struck out in its entirety because the claimant failed to actively pursue it, having made no contact since filing and not complying with orders or attending the hearing.

Legal Issues (2)
  • Strike-out for failure to actively pursue a claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024
  • consideration of rule 38(2) opportunity to make representations

Reference: 6045519/2025

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