Claimant v Active Tagging Limited
Outcome
Individual claims
The tribunal found the dismissal was fair and the complaint was not well-founded. The judgment does not provide detailed reasoning as reasons were given orally and written reasons were only to be provided if requested.
The tribunal found the respondent breached the contract in relation to notice pay. The claimant was entitled to notice pay which had not been paid by the respondent.
Facts
Pauline Dawkins brought claims against Active Tagging Limited for unfair dismissal and breach of contract relating to notice pay. The case was heard over two days by video hearing. Both parties were represented by counsel.
Decision
The tribunal dismissed the unfair dismissal claim, finding the dismissal was fair. However, the tribunal upheld the breach of contract claim and awarded the claimant damages for unpaid notice pay totaling £2,854.10, comprising gross notice pay and employer pension contributions calculated on a grossed-up basis.
Practical note
Even where a dismissal is found to be fair, an employer may still be liable for breach of contract if they fail to provide proper notice or payment in lieu of notice.
Award breakdown
Case details
- Case number
- 6008945/2024
- Decision date
- 7 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister