Cases1400177/2025

Claimant v Plankbridge Limited

19 November 2025Before Employment Judge OldroydExeterremote video

Outcome

Partly successful

Individual claims

Wrongful Dismissalfailed

The tribunal found the claim for wrongful dismissal / breach of contract was not well founded and dismissed it. No written reasons were provided to explain the basis of this finding.

Unfair Dismissalsucceeded

The tribunal found the claimant was unfairly dismissed. Written reasons were not provided but the claim succeeded in full. Remedy remains to be determined at a further hearing.

Facts

C Kelsey brought claims for unfair dismissal and wrongful dismissal against Plankbridge Limited. A preliminary hearing was held remotely by video. The claimant appeared in person while the respondent was represented by counsel. Oral reasons only were given at the hearing.

Decision

The tribunal dismissed the wrongful dismissal claim as not well founded. However, the tribunal found the claimant was unfairly dismissed. Remedy issues were adjourned to a further hearing to be determined later.

Practical note

A dismissal can be found to be unfair under ERA 1996 while simultaneously not constituting a breach of contract, typically where contractual notice was given but the substantive or procedural fairness requirements were not met.

Case details

Case number
1400177/2025
Decision date
19 November 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No