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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.

120Cases Analysed (Last 12 Months)

Historical Retail decisions from our database catalog.

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 IndicatorUnfair Dismissal (38% Success)
↓ Weakest IndicatorUnfair dismissal (29% Success)

Showing 12 cases from the last 2 months.

6016576/202421 Feb 2026
struck_out

The claim was struck out because the claimant did not comply with the Tribunal order and ceased to actively pursue the case.

Legal Issues (2)
  • Failure to comply with Tribunal orders and lack of engagement
  • giving rise to a strike‑out of the claim under Rule 38 of the Employment Tribunal Procedure Rules 2024.
GOV.UK SourceView Decision
2406372/200820 Feb 2026
other

The tribunal made procedural orders for disclosure rather than deciding the substantive equal‑pay claim.

Legal Issues (1)
  • Whether Asda must answer the claimants' questions and disclose job‑evaluation documents; the extent of legal professional privilege over those documents; procedural compliance with disclosure rules in an equal‑pay claim.
GOV.UK SourceView Decision
1400494/202410 Feb 2026
split

The Tribunal concluded the claimant did not have a disability at the material time, so her disability discrimination claim was dismissed.

Legal Issues (1)
  • Whether the claimant had a disability under s 6 Equality Act 2010; time‑limit compliance for discrimination claims; whether the disability discrimination allegations had reasonable prospect of success; imposition of a deposit order for claims with little prospect of success.
GOV.UK SourceView Decision
2303832/20249 Feb 2026
struck_out

The claim was struck out because the claimant failed to comply with Tribunal orders and did not actively pursue the claim.

Legal Issues (3)
  • Failure to comply with Tribunal orders and failure to actively pursue the claim
  • leading to a strike‑out under Rule 38(1)(c) and (d); underlying claims included disability discrimination
  • unfair dismissal and other discrimination allegations.
GOV.UK SourceView Decision
3302889/20249 Feb 2026
lost

The claim was dismissed because neither party attended the hearing or supplied the necessary documents, leaving the tribunal unable to consider the merits.

Legal Issues (2)
  • Procedural non‑compliance (failure to attend hearing or provide required bundles) resulting in dismissal of claims under Rule 47; the substantive claims involved unlawful wage deductions
  • holiday pay under the Working Time Regulations and failure to provide a written pay statement.
GOV.UK SourceView Decision
1802056/20255 Feb 2026
lost

The tribunal found the claim of unfair dismissal not well founded, concluding there was no fundamental breach of contract and the employee resigned voluntarily.

Legal Issues (4)
  • Whether the employer breached the implied term of trust and confidence
  • whether the breach (if any) was fundamental
  • whether the employee resigned in response to that breach
  • and whether the dismissal (or constructive dismissal) was fair and procedurally compliant under the ACAS Code of Practice.
GOV.UK SourceView Decision
6015270/20254 Feb 2026
lost

The claim was filed outside the applicable time limit and no reasonable excuse was accepted, so the Tribunal dismissed it.

Legal Issues (1)
  • Statutory time limits for bringing an unfair dismissal claim; assessment of whether it was reasonably practicable to lodge the claim within the limit; dismissal of a claim filed out of time.
GOV.UK SourceView Decision
6004501/20252 Feb 2026
lost

The claim was dismissed because it was not presented within the applicable time limit.

Legal Issues (1)
  • Application of statutory time limits for bringing an employment claim; procedural dismissal for out‑of‑time filing.
GOV.UK SourceView Decision
6027485/20252 Feb 2026
lost

The claimant failed to file the required evidence, leading to the dismissal of the claim.

Legal Issues (1)
  • Procedural failure to provide required evidence; dismissal of claim for unauthorised wage deduction due to lack of substantiation.
GOV.UK SourceView Decision
4102867/202529 Jan 2026
won

The Tribunal held the dismissal was unfair due to procedural deficiencies and lack of clear evidence, ordering compensation despite the claimant’s partial contribution.

Legal Issues (2)
  • Whether the dismissal for conduct was fair under s.98(4) ERA 1996
  • taking account of the employer’s procedural failures and the claimant’s 50% contribution to the dismissal.
GOV.UK SourceView Decision
3202021/202329 Jan 2026
lost

The tribunal concluded the claimant had not been dismissed and failed to prove the harassment and discrimination allegations, resulting in all claims being dismissed.

Legal Issues (1)
  • Whether the claimant was dismissed within the qualifying period for an unfair dismissal claim; whether the alleged conduct amounted to sex harassment or direct discrimination under the Equality Act 2010.
GOV.UK SourceView Decision
8001912/202429 Jan 2026
lost

The Tribunal concluded the claimant was not unfairly dismissed and his harassment and discrimination complaints were unfounded, leading to dismissal of the claim.

Legal Issues (3)
  • Whether the dismissal was for a fair reason (misconduct) and reasonable
  • and whether the employer discriminated against the claimant on the basis of his disability through harassment
  • less favourable treatment and failure to make reasonable adjustments; also the timeliness of the discrimination claims.
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.