Claimant v New Forest Car Sales Limited
Outcome
Individual claims
The tribunal found the dismissal was unfair. The respondent had been given a deposit order warning that their defence had little reasonable prospect of success, and the tribunal agreed with that assessment for substantially the same reasons given in the deposit order.
The claim for unpaid overtime was not well-founded. The tribunal dismissed this claim, finding the respondent had not made unlawful deductions from the claimant's wages in respect of overtime payments.
Facts
The claimant Mr Reynolds was employed by New Forest Car Sales Limited. He brought claims for unfair dismissal and unpaid overtime. The respondent had previously been subject to a deposit order warning that their defence to the unfair dismissal claim had little reasonable prospect of success.
Decision
The tribunal upheld the unfair dismissal claim for substantially the same reasons as given in the deposit order, awarding a total of £31,407.64 including a 25% ACAS uplift. The claim for unpaid overtime was dismissed. The £250 deposit paid by the respondent was ordered to be paid to the claimant.
Practical note
Deposit orders provide a strong indicator of tribunal thinking, and employers who proceed despite such warnings face not only losing the substantive claim but also forfeiting the deposit to the successful claimant.
Award breakdown
Adjustments
ACAS uplift of £5,509.85 applied, representing a 25% uplift on the combined basic and compensatory awards for failure to follow ACAS Code procedures
Case details
- Case number
- 6002921/2024
- Decision date
- 22 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No