Claimant v Escendant Limited
Outcome
Individual claims
The tribunal found that the respondent was in breach of contract by dismissing the claimant without giving notice. The respondent was ordered to pay damages for this breach of contract.
Facts
Ms Chummun was dismissed by Escendant Ltd without receiving notice. The case was heard remotely by video at Reading Employment Tribunal. The claimant brought a claim for wrongful dismissal, arguing that the respondent breached her contract of employment by failing to provide notice.
Decision
The tribunal found in favour of the claimant, concluding that the respondent was in breach of contract by dismissing without notice. The tribunal awarded £12,500 in damages, calculated on a gross basis to reflect tax liability as Post Employment Notice Pay. The tribunal did not find that the respondent unreasonably failed to comply with the ACAS Code.
Practical note
Dismissal without notice constitutes a breach of contract entitling the employee to damages for wrongful dismissal, but this does not automatically mean the employer unreasonably failed to comply with the ACAS Code.
Award breakdown
Case details
- Case number
- 6010586/2024
- Decision date
- 7 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- barrister