Mr S Whitaker v Asda Stores Ltd: (England and Wales : Redundancy : Unfair Dismissal : Unlawful Deduction from Wages) [2017] UKET 1800469/2017 (31 May 2017)

Mr S Whitaker v Asda Stores Ltd: (England and Wales : Redundancy : Unfair Dismissal : Unlawful Deduction from Wages) [2017] UKET 1800469/2017 (31 May 2017)

The tribunal found that the claimant was unfairly dismissed as the redundancy was not genuine and the process was procedurally flawed. There was also an unlawful deduction from wages.

Citation
[2017] UKET 1800469/2017
Parties
Claimant: Mr S Whitaker; Respondent: Asda Stores Ltd
Jurisdiction
United Kingdom
Judgment Date
31 May 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld in part
Legal Topics
Redundancy, Unfair Dismissal, Unlawful Deduction From Wages
Employment Law Redundancy Unfair Dismissal Unlawful Deduction From Wages

Case Brief

Summary, issues, holding and outcome

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Parties

Mr S Whitaker

Claimant

Asda Stores Ltd

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the redundancy was genuine
  3. 3 Whether there was an unlawful deduction from wages

Ratio Decidendi

The tribunal found that the claimant was unfairly dismissed as the redundancy was not genuine and the process was procedurally flawed. There was also an unlawful deduction from wages.

Court Disposition

Claim upheld in part

Orders

  • The respondent is ordered to pay compensation for unfair dismissal.
  • The respondent is ordered to pay the amount unlawfully deducted from wages.