Claimant v Capital UPVC Limited
Outcome
Individual claims
The tribunal found the dismissal to be unfair. The respondent failed to follow a fair procedure and/or did not have a fair reason for dismissal. The claimant was awarded both a basic award and compensatory award for his losses.
The respondent was in breach of its duty to provide the claimant with a written statement of employment particulars when proceedings began. The tribunal found no exceptional circumstances to justify not making an award under section 38 Employment Act 2002.
Facts
Mr McCafferty brought claims of unfair dismissal and breach of contract against Capital UPVC Limited, a construction company. The respondent had failed to provide him with a written statement of employment particulars as required by law. The hearing took place remotely via video. The claimant represented himself while the respondent was represented by a litigation consultant.
Decision
The tribunal found in favour of the claimant on both claims. The dismissal was found to be unfair and the respondent was ordered to pay a basic award of £1,929.00 and compensatory award of £4,106.85. Additionally, the tribunal awarded two weeks' gross pay (£1,442.30) for the respondent's failure to provide written employment particulars, finding no exceptional circumstances to justify not making the award.
Practical note
Employers who fail to provide written statements of employment particulars face mandatory awards of 2-4 weeks' pay when employees succeed in related tribunal claims, unless exceptional circumstances exist.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1601275/2024
- Decision date
- 13 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No