Claimant v Mr M Carter trading as Independent Ground Maintenance
Outcome
Individual claims
The tribunal found the claimant was unfairly dismissed. The tribunal awarded a basic award, compensatory award including notice pay and holiday pay, and loss of statutory rights, indicating the dismissal was procedurally and substantively unfair.
The tribunal awarded notice pay of £3,046.20 reflecting 12 weeks' notice at gross pay, indicating the respondent failed to provide proper notice or pay in lieu of notice upon termination.
The tribunal awarded £413.00 for holiday accrued but not taken, finding the respondent had failed to pay the claimant for accrued but untaken holiday entitlement upon termination.
Facts
Mrs Carter was employed by her husband Mr Carter trading as Independent Ground Maintenance. She was dismissed from her employment. The respondent had failed to provide her with a written statement of employment particulars. She brought claims for unfair dismissal, notice pay, and holiday pay to the tribunal.
Decision
The tribunal unanimously found in favour of the claimant on all claims. She was awarded £11,320.85 for unfair dismissal (including basic award, notice pay, holiday pay, and loss of statutory rights) plus an additional £507.70 for failure to provide written particulars, totalling £11,828.55.
Practical note
Even in small family businesses, employers must comply with basic employment law obligations including providing written terms, following fair dismissal procedures, and paying notice and accrued holiday on termination.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1304609/2023
- Decision date
- 3 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- No
Employment details
Claimant representation
- Represented
- No