Mr H Da Costa v Brook Care Homes Ltd (England and Wales : Redundancy : Working Time Regulations) [2017] UKET 2302012/2017 (9 October 2017)

The tribunal found that the respondent failed to follow a fair redundancy procedure and did not comply with the Working Time Regulations, rendering the dismissal unfair.

Citation: [2017] UKET 2302012/2017
Parties: Claimant: Mr H Da Costa; Respondent: Brook Care Homes Ltd
Jurisdiction: United Kingdom
Judgment Date: 09 October 2017
Procedural Posture: Employment Tribunal / Judgment
Outcome: Claim upheld
Legal Topics: Redundancy, Working Time Regulations

Employment Law Redundancy Working Time Regulations

Case Brief

Summary, issues, holding and outcome

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Parties

Mr H Da Costa

Claimant

Brook Care Homes Ltd

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

1 Whether the claimant was unfairly dismissed by reason of redundancy
2 Whether the respondent complied with the Working Time Regulations

Ratio Decidendi

The tribunal found that the respondent failed to follow a fair redundancy procedure and did not comply with the Working Time Regulations, rendering the dismissal unfair.

Court Disposition

Claim upheld

Orders

The respondent is ordered to pay compensation to the claimant for unfair dismissal and breach of the Working Time Regulations