Claimant v Trend Control Systems Ltd
Outcome
Individual claims
The tribunal found that the claimant was not dismissed by the respondent. Without a dismissal, the claim for unfair dismissal could not succeed and therefore failed.
The claimant's claim for breach of contract relating to notice pay failed because the tribunal found there was no dismissal. Without a dismissal, no entitlement to notice pay arose.
Facts
Mr Wilton brought claims for unfair dismissal and breach of contract (notice pay) against his former employer Trend Control Systems Ltd. The case was heard over two days by video hearing in February 2025. The claimant represented himself while the respondent was represented by counsel.
Decision
The tribunal found that the claimant was not dismissed by the respondent. As a result, both the unfair dismissal claim and the breach of contract claim for notice pay failed and were dismissed. No awards were made.
Practical note
The fundamental threshold issue in unfair dismissal and notice pay claims is whether a dismissal occurred—without a dismissal, neither claim can succeed regardless of other circumstances.
Case details
- Case number
- 2303414/2024
- Decision date
- 7 February 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No