Rights on Insolvency: The claimant was made redundant and soon afterwards the company which employed her was dissolved. The claimant claimed redundancy pay and notice pay from the Secretary of State under ss166 and 182 of the ERA 1996 which specify the circumstances in which claimants can bring claims when a company ceases trading. The Tribunal ruled that both payments should be awarded. The Secretary of State appealed against the payment for notice pay because s183(3), which sets out ...
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Bias, misconduct and procedural irregularity: The claimant was bringing claims of race discrimination, harassment, victimisation and unfair constructive dismissal. He was suffering from a depressive order which meant that he was unfit to attend the initial hearing which was adjourned for several months, the Tribunal acknowledging the stress of being at the hearing and agreeing to make adjustments to accommodate the claimant. The claimant's solicitors then asked that the Employment Jud ...
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Unfair Dismissal: The claimant was dismissed summarily following an investigation into his chairmanship of a rival company, in breach of his terms and conditions which included confidentiality and restraint clauses. He brought complaints of wrongful and unfair dismissal to the ET who upheld both claims, reducing the award by 75% for contributory fault but also decided that Polkey did not apply in this case. Further, they felt unable to say whether dismissal would have occurred fairly ...
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Contract of Employment: The claimant brought unfair dismissal proceedings against 2 respondents who she claimed were both her employers. The claimant had no documentary evidence as to the identity of her employer but the Tribunal’s decision as to the identity was eventually based upon a letter which was signed by the second respondent, saying that company documentation should have shown that the first respondent was the person doing the trading and that the second respondent use ...
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Reason for dismissal including substantial other reason: The claimant had brought claims of disability and race discrimination and unfair dismissal after being made redundant. The unfair dismissal claim succeeded but the claimant was awarded limited compensation because, according to the Tribunal, she had not engaged in the process of finding alternative work. At the time of meetings which were held to discuss her possible redundancy, the claimant was off sick and she did not attend t ...
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Claim in time and effective date of termination: The claimant was given 6 months notice of termination of her employment after she had worked at the respondent’s for 6 months. The notice period given meant that the effective date of termination resulted in her acquiring the 12 months continuous service required to bring a claim of unfair dismissal, which she did a couple of weeks before the notice period expired. The respondent then dismissed her summarily before the notice peri ...
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Working Time Regulations - Holiday pay: The claimant was off sick for the entirety of one pay year and was then dismissed on capability grounds. She had not requested any holiday during the time she was off sick and on termination of her employment the respondent refused to pay her for the accrued holiday pay. The Tribunal held that she was entitled to be paid for the annual leave which she had no opportunity to take in the year she was off sick. The respondent appealed, arguing that ...
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Fraud and illegality: The claimant was employed as an assistant solicitor with the respondent. At the start of his employment there was a discussion between the claimant and the respondent, instigated by the claimant, as a result of which the parties agreed that he would be treated for tax purposes as self-employed. It was agreed that his remuneration would be paid gross and that the claimant would declare the income on his self assessment tax return, as well as claim expenses on a s ...
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Race Discrimination - Discrimination by other bodies: The claimant, a black man, was employed as a part-time bus driver by the local authority as well as being a local resident. It was decided that part-timers, who did not earn bonuses unlike full-timers, should in fact be granted a bonus, including a bonus going back several years. The claimant, who was also receiving state benefits, did not declare the back pay or the increase in future wages. The local authority brought criminal pr ...
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Bias, misconduct and procedural irregularity: The claimant complained that she had resigned after having been suspended in bad faith, in circumstances where she had made certain whistleblowing allegations, and she believed the grievances from other employees on which her suspension was based were not genuine ones. The Tribunal rejected her claim and found that there was no basis for her belief that the respondent had any ulterior motive in suspending her or had acted in bad faith. The ...
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