Claimant v Mitie Limited
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal was not well-founded. The judgment does not provide detailed reasoning but the claim was dismissed in its entirety, indicating the respondent established a fair reason and followed a fair procedure.
The claimant succeeded in his wrongful dismissal claim. The tribunal found the respondent failed to provide the claimant with his contractual notice period of 12 weeks, resulting in a breach of contract.
Facts
Mr K Price brought claims of unfair dismissal and wrongful dismissal against his former employer Mitie Limited. The case was heard over two days by video conference. The claimant was represented by a solicitor and the respondent by counsel. The weekly gross pay was £663.16 and the contractual notice period was 12 weeks.
Decision
The tribunal dismissed the unfair dismissal claim, finding it was not well-founded. However, the wrongful dismissal claim succeeded. The tribunal found the respondent failed to provide the claimant with his contractual 12 weeks' notice and ordered payment of £7,957.92 in lieu of notice.
Practical note
A dismissal may be substantively and procedurally fair for statutory unfair dismissal purposes while still constituting a breach of contract if proper contractual notice is not given.
Award breakdown
Case details
- Case number
- 2309083/2024
- Decision date
- 15 October 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Mitie Limited
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- solicitor