# EMPLOYMENT TRIBUNAL RESPONSE (ET3)
Date: 20 June 2025
Parties: Respondent: Northmoor Catering Ltd, 8 Market Square, York YO1 8SL. Claimant: Daniel Hughes, 19 Foss Road, York YO31 7UR. Representative: solicitor Priya Nair of Nair Employment Law.
## 1. Claim and admissions
ET3 response for claim reference 1800342/2025, Daniel Hughes v Northmoor Catering Ltd. The tribunal sent the ET1 to the respondent on 23 May 2025, making the resulting 28-day deadline for this response 20 June 2025. The respondent admits employment as a senior chef from 4 February 2019 and dismissal on 14 February 2025, but denies unfair dismissal, wrongful dismissal and the pleaded £18,600 loss.
## 2. Facts and reason
On 9 January 2025 the restaurant recorded that Daniel repeatedly served an allergen-containing sauce to table 18 after the allergy ticket was displayed; no customer injury is alleged. He was suspended on full pay, investigated by Helen Ward, and interviewed on 16 January with the ticket and rota disclosed. The disciplinary hearing on 30 January found gross misconduct and dismissal was confirmed on 14 February.
## 3. Fairness and appeal
Daniel was accompanied at the hearing by colleague Tom Ellis, was allowed to comment on the evidence, and appealed on 21 February. An independent manager, Sofia Green, heard the appeal on 5 March and upheld the decision on 12 March. The respondent says the reason was conduct under section 98 of the Employment Rights Act 1996 and that the procedure and sanction were within the range a reasonable employer could adopt; those are issues for the tribunal.
## 4. Remedy and mitigation
The schedule claims £4,200 basic award and £14,400 compensatory loss. The respondent disputes both figures and says Daniel began paid work at Riverside Events Ltd on 1 April 2025 at £31,200 a year; payslips and the contract will be disclosed. If liability were found, mitigation, any contributory fault and any just-and-equitable reduction would be addressed without asserting a guaranteed percentage.
## 5. Documents, witnesses and execution
The respondent relies on the contract, allergen ticket, investigation notes, hearing minutes, appeal letter, rota, policies and payslips, and expects witnesses Helen Ward and Sofia Green. The ACAS early-conciliation certificate is ECA-2025-009871-22; Northmoor remains willing to discuss resolution through ACAS. This is a drafted response and must be filed on the current prescribed form by 20 June 2025, subject to checking the tribunal's current rules and any applicable calculation rule. Signed for Northmoor Catering Ltd by Martin Cole, Director, 20 June 2025.