Claimant v One Call Claims Ltd
Outcome
Individual claims
The tribunal found that the claimant was not dismissed. Without a dismissal occurring, the statutory claim for unfair dismissal could not be established and therefore failed.
The claimant's complaint of unauthorised deductions from wages was dismissed by the tribunal. The tribunal determined that no unlawful deductions had been made from the claimant's wages.
Facts
Mr Rawlings brought claims against One Call Claims Ltd for unfair dismissal and unauthorised deductions from wages. The case was heard remotely via CVP at Leeds Employment Tribunal. Mr Rawlings represented himself while the respondent company was represented by counsel.
Decision
The tribunal found that Mr Rawlings was not dismissed by the respondent. As there was no dismissal, his unfair dismissal claim could not succeed. The tribunal also dismissed his complaint of unauthorised deductions from wages, finding no unlawful deductions had been made.
Practical note
A claim for unfair dismissal is fundamentally dependent on establishing that a dismissal occurred; without proof of dismissal, the claim must fail regardless of other circumstances.
Case details
- Case number
- 1800992/2024
- Decision date
- 31 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- legal services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No