Claimant v Cruden Homes Limited
Outcome
Individual claims
The tribunal unanimously found the claimant's complaint of unfair dismissal to be well founded. The tribunal awarded both basic and compensatory awards indicating the dismissal was found to be unfair under the Employment Rights Act 1996. Reasons were given orally at the hearing.
The claimant's complaint under section 48 of the Employment Rights Act 1996 alleging detriment was not well founded and was dismissed by the tribunal. This claim relates to suffering a detriment for exercising statutory employment rights.
Facts
Mr Fitzsimmons was employed by Cruden Homes Limited, a construction company. He was dismissed and brought claims for unfair dismissal and detriment under section 48 of the Employment Rights Act 1996. The case was heard over four days in Glasgow before a full panel of the Employment Tribunal.
Decision
The tribunal unanimously found the claimant's dismissal to be unfair and awarded total compensation of £12,941.25 comprising a basic award of £7,788 and compensatory award of £5,153.25. However, the tribunal dismissed the separate claim for detriment under section 48 ERA 1996.
Practical note
A self-represented claimant successfully established unfair dismissal against a represented employer in the construction sector, demonstrating that procedural or substantive fairness was not established by the employer.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 4100139/2025
- Decision date
- 17 June 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No