The Tribunal found the claim of unfair constructive dismissal not well founded and dismissed it.
Legal Issues (1)
Unfair constructive dismissal: whether the claimant was constructively dismissed and whether the dismissal was unfair. The Tribunal concluded the claim was not well founded
The tribunal found that the first claimant's notice pay and redundancy claims were not well-founded, but upheld the first claimant's annual leave claim and the second claimant's notice pay and redundancy claims, awarding damages and a redundancy payment.
Legal Issues (3)
Breach of contract for notice pay
entitlement to annual leave carry-over
redundancy payments under section 163 Employment Rights Act 1996
The claimant won on unlawful deductions because rolled-up holiday pay was calculated on a below-minimum-wage basic rate, but lost all other claims because the cessation of shifts was due to an automatic right-to-work suspension, not a reaction to his complaints or disclosures.
Legal Issues (5)
Unlawful deductions from wages (rolled-up holiday pay on below-NMW basic rate)
automatic unfair dismissal for asserting NMW rights (s.104A) and for protected disclosure (s.103A)
detriment for protected disclosure (s.47B) and for asserting NMW rights (s.23 NMWA)
burden of proof
automatic suspension system for right-to-work documentation
The claimant succeeded on one discrimination claim (failure to provide a printer) but failed on other discrimination and victimisation claims, and other claims were struck out.
The claimant failed to prove any of his complaints (unfair dismissal, failure to make adjustments, discrimination arising from disability) were well-founded.
Legal Issues (3)
Burden of proof on the claimant
no evidence or submissions from either party to establish the claims
The claimant's statutory redundancy pay claim was within time and will proceed, but the unfair dismissal, breach of contract and unlawful deduction claims were dismissed as out of time.
The unfair dismissal claim was struck out for lack of qualifying service, but the wrongful dismissal, unauthorised deduction from wages (tips), and failure to provide written particulars claims all succeeded.
Legal Issues (5)
Section 108 Employment Rights Act 1996 (qualifying period for unfair dismissal)
wrongful dismissal damages
unauthorised deduction from wages under Part II ERA 1996
failure to provide written particulars under section 1 ERA 1996
Ms Forster succeeded on her direct sex discrimination claim regarding suspension and failure to take her complaint seriously, but all other claims by both claimants were dismissed.
Legal Issues (7)
Direct sex discrimination (suspension and failure to take complaint seriously)
harassment related to sex
victimisation
unfair dismissal (redundancy)
whistleblowing detriment
time limits for discrimination claims and extension of time