Claimant v Buy & Go Cars Limited
Outcome
Individual claims
The tribunal found that the claimant's complaint for automatically unfair dismissal based on assertion of statutory rights was not well-founded and dismissed it.
The tribunal found that the claimant's complaint for wrongful dismissal and breach of contract was not well-founded and dismissed it.
The tribunal found that the respondent had made an unauthorised deduction from the claimant's wages and ordered payment of £216.75 net of lawful deductions.
The tribunal found that the respondent failed to provide written particulars of employment and awarded the claimant £1,944.80 as a statutory penalty under s.38 Employment Act 2002.
Facts
The claimant brought claims for automatically unfair dismissal based on assertion of statutory rights, wrongful dismissal, unauthorised deduction from wages, and failure to provide written particulars of employment against his former employer, a car sales company. The hearing was conducted remotely via video link with the claimant representing himself and the respondent represented by a lay representative.
Decision
The tribunal dismissed the automatically unfair dismissal and wrongful dismissal claims as not well-founded. However, the tribunal upheld the unauthorised deduction from wages claim and awarded £216.75 net, and also found the respondent had failed to provide written particulars of employment, awarding the statutory penalty of £1,944.80.
Practical note
Employers who fail to provide written particulars of employment face automatic penalties of 2-4 weeks' pay where an employee succeeds on any claim, even if the main dismissal claims fail.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6018915/2024
- Decision date
- 8 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No