Claimant v Healthera Limited
Outcome
Individual claims
The tribunal found the dismissal to be unfair. The respondent failed to follow a fair procedure and the dismissal was substantively and procedurally unfair under the band of reasonable responses test.
The respondent failed to provide written reasons for dismissal as required by ERA 1996 s.92. The tribunal awarded two weeks' pay as a remedy for this statutory breach.
The claim for failure to provide written particulars of employment was not well founded. The tribunal found that the respondent had provided the required particulars or the claimant failed to establish the breach.
Facts
Miss Boal was employed by Healthera Limited until her dismissal on 8 October 2023. The respondent failed to provide written reasons for the dismissal. The claimant brought claims for unfair dismissal, failure to provide written reasons, and failure to provide written particulars of employment. The hearing took place over three days in February and March 2025.
Decision
The tribunal found the dismissal was unfair and that the respondent had failed to provide written reasons for dismissal. The claim regarding written particulars was dismissed. The claimant was awarded a total of £22,125.44 comprising a basic award, compensatory award, and two weeks' pay for the failure to provide reasons.
Practical note
Employers must provide written reasons for dismissal when requested and follow fair dismissal procedures, or face liability for both unfair dismissal and the statutory penalty for failing to provide reasons.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3313588/2023
- Decision date
- 15 April 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister