Claimant v Harold Wood Pre School Limited
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal to be well-founded. The respondent dismissed the claimant without providing the required 6 weeks' notice period and failed to establish a fair reason for dismissal or follow a fair procedure under ERA 1996 s.98.
Withdrawn by claimant during the hearing.
The tribunal found the wrongful dismissal claim well-founded. The respondent failed to provide the contractual notice period of 6 weeks to which the claimant was entitled, amounting to a breach of contract requiring damages equivalent to 6 weeks' gross pay.
Facts
Ms Wilkin was employed by Harold Wood Pre School Limited for 6 complete years. She was over the age of 42 for the last 3 years of service. She was dismissed on 10 January 2025 without being provided her contractual notice period of 6 weeks. The claimant earned £921.78 gross per month (£212.71 gross per week). She brought claims for unfair dismissal, wrongful dismissal, and unlawful deduction of wages.
Decision
The tribunal found both the unfair dismissal and wrongful dismissal claims well-founded and awarded £3,498.63 in total. This comprised damages of £1,276.31 for breach of contract (6 weeks' gross pay), a basic award of £1,595.32, and a compensatory award of £627.00 covering loss for 3 weeks. The unlawful deduction of wages claim was withdrawn and dismissed.
Practical note
Dismissing an employee without providing contractual notice will result in both wrongful dismissal damages and unfair dismissal awards, with recoupment applying to compensatory awards where the claimant received Universal Credit.
Award breakdown
Award equivalent: 16.4 weeks' gross pay
Case details
- Case number
- 3200182/2025
- Decision date
- 14 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- in house
Employment details
- Salary band
- Under £15,000
- Service
- 6 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep