The tribunal found that the respondent failed to pay wages, notice pay, and redundancy payments as required by law, and awarded the full amounts claimed.
Legal Issues (3)
Unlawful deduction from wages
failure to provide statutory redundancy payment
breach of contract for failure to provide notice pay.
All claims were dismissed because the claimant failed to establish protected disclosures, discrimination, or any unlawful treatment; some claims were also barred by a prior settlement agreement.
Legal Issues (6)
Protected disclosure definition
public interest requirement
causation under s.47B ERA
discrimination burden of proof (Igen v Wong)
effect of COT3 settlement and Henderson v Henderson principle
The commission structure lacked sufficient certainty to render any sum quantifiable as properly payable, and the post-termination restriction precluded entitlement in any event.
Legal Issues (4)
Interpretation of commission scheme
whether sums were quantifiable and properly payable
effect of post-termination restrictions
application of TUPE (share sale not a relevant transfer).
The claimant won his constructive unfair dismissal claim because the respondent's flawed disciplinary process, trumped-up charges, and unfair final written warning cumulatively breached the implied term of trust and confidence, but lost his whistleblowing claims because the protected disclosure did not materially influence the respondent's actions.
Legal Issues (2)
Constructive dismissal: breach of implied term of trust and confidence
whether a series of acts cumulatively amounted to a repudiatory breach. Whistleblowing: whether the protected disclosure was the principal reason for the detrimental acts or the constructive dismissal.
The claim was dismissed because the claimant failed to attend the hearing without a satisfactory explanation, and his non-attendance was found to be deliberate and contumelious.
Legal Issues (3)
Dismissal under Rule 47 of the Employment Tribunal Procedure Rules 2024 for failure to attend a hearing
consideration of Roberts v Skelmersdale College principles
overriding objective and prejudice to the respondent.
All claims were struck out because they had no reasonable prospect of success or the claimants failed to comply with orders to properly particularise their claims.
The claim was struck out because there was no reasonable prospect of success; the dismissal was within the range of reasonable responses given the repeated security breaches and a live final written warning.
Legal Issues (3)
Application of strike-out test under Rule 38(1)(a) – no reasonable prospect of success. The tribunal considered the Burchell test (genuine belief
reasonable grounds
reasonable investigation) and the range of reasonable responses. The claimant's case was not reasonably arguable given the seriousness of the misconduct and the existing final written warning.
The claimant succeeded in proving that the respondent made unauthorised deductions from wages and failed to pay holiday pay, and the claim was allowed despite being out of time due to reasonable practicability.
Legal Issues (3)
Time limits for presenting a claim (extension granted because not reasonably practicable and presented within a further reasonable period)
All claims were dismissed because the Tribunal lacked jurisdiction due to res judicata/Henderson v Henderson and/or the claims were out of time, with no extension granted.
Legal Issues (4)
Jurisdiction of the Tribunal
res judicata and Henderson v Henderson abuse of process
The claimant succeeded on three harassment claims but lost all other claims, including constructive unfair dismissal and most reasonable adjustment and discrimination complaints.
The claimant succeeded in part on wrongful dismissal, wages arrears, holiday pay, and itemised pay statement, but her unfair dismissal and whistleblowing claims were dismissed as out of time, and other claims failed.
Legal Issues (8)
Wrongful dismissal (notice pay)
breach of contract
unauthorised deductions
holiday pay
itemised pay statement
written statement
jurisdiction/time limits for unfair dismissal and whistleblowing
All claims were dismissed: unfair dismissal and wrongful dismissal were presented out of time, and whistleblowing detriment claims were struck out for having no reasonable prospect of success.
Legal Issues (3)
Time limits for wrongful dismissal claims under the Employment Tribunals Extension of Jurisdiction Order 1994
strike-out of whistleblowing claims under Rule 38(1) of the Employment Tribunal Rules 2024
application of Mechkarov principles to strike-out of discrimination/whistleblowing claims.
The Tribunal found in favour of the Claimant on all claims, awarding a total of £28,123 for unpaid wages, holiday pay, wrongful dismissal, and failure to provide a written statement of employment particulars.
Legal Issues (5)
The key legal issues included: (1) Whether the Respondent made unlawful deductions from wages in breach of section 13 of the Employment Rights Act 1996 by failing to provide and pay for the guaranteed 45 hours per week
(2) Whether the Claimant's dismissal without notice was a wrongful dismissal (breach of contract) or justified by repudiatory conduct
(3) Entitlement to holiday pay under the Working Time Regulations 1998
including carry-over rights
(4) Whether the Respondent failed to provide a written statement of employment particulars triggering an award under section 38 of the Employment Act 2002.