Claimant v SGN Contracting Limited
Outcome
Individual claims
The tribunal found that the claimant was not constructively unfairly dismissed by the respondent. The judgment does not provide detailed reasoning as only oral reasons were given at the hearing.
The tribunal concluded the claimant was not owed pay in lieu of accrued but untaken holiday on termination of employment.
The tribunal found the claimant was not wrongfully dismissed and is not owed notice pay.
The tribunal rejected the claim that the respondent made unauthorised deductions from wages or breached contract in respect of sick leave payments. The claimant claimed he should have been paid in full during sick leave, but the tribunal found against him.
The alternative breach of contract claim regarding sick pay was also dismissed, with the tribunal finding no contractual breach by the respondent in the amount paid during the claimant's sick leave.
Facts
Mr Atkinson brought claims against SGN Contracting Limited for constructive unfair dismissal, unpaid holiday pay, wrongful dismissal, and unlawful deduction of wages relating to sick pay. The respondent brought a counterclaim for recovery of company sick pay that was wrongly paid to the claimant (£1,009.28) and for the value of company property the claimant failed to return on termination (£5,625.42). The hearing took place over 5 days in March and April 2025, with the claimant representing himself and the respondent represented by counsel.
Decision
The tribunal dismissed all of the claimant's claims, finding them not well-founded. The tribunal found in favour of the respondent on its counterclaim and ordered the claimant to pay £6,634.70 to the respondent, comprising sick pay wrongly claimed and the value of unreturned company property.
Practical note
A self-represented claimant lost all claims including constructive dismissal and was ordered to repay sick pay and compensate the employer for unreturned property, highlighting the risks of unsuccessful tribunal litigation.
Case details
- Case number
- 2304651/2022
- Decision date
- 2 April 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- energy
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No