Mr T Thapa v Carillion Construction and Secretary of State for Business Energy and Industrial Strategy (England and Wales : Breach of Contract) [2019] UKET 1401594/2018 (22 February 2019)

Mr T Thapa v Carillion Construction and Secretary of State for Business Energy and Industrial Strategy (England and Wales : Breach of Contract) [2019] UKET 1401594/2018 (22 February 2019)

The tribunal found that Carillion Construction breached the employment contract by failing to pay the claimant's outstanding wages, and the Secretary of State is liable for statutory payments under the Employment Rights Act 1996.

Citation
[2019] UKET 1401594/2018
Parties
Claimant: Mr T Thapa; Respondent: Carillion Construction; Respondent: Secretary of State for Business Energy and Industrial Strategy
Jurisdiction
United Kingdom
Judgment Date
22 February 2019
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claim upheld in part
Legal Topics
Breach of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Mr T Thapa

Claimant

Carillion Construction

Respondent

Secretary of State for Business Energy and Industrial Strategy

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

  1. 1 Whether the respondent breached the claimant's employment contract
  2. 2 Entitlement to outstanding payments following insolvency

Ratio Decidendi

The tribunal found that Carillion Construction breached the employment contract by failing to pay the claimant's outstanding wages, and the Secretary of State is liable for statutory payments under the Employment Rights Act 1996.

Court Disposition

Claim upheld in part

Orders

  • Carillion Construction ordered to pay outstanding contractual sums
  • Secretary of State ordered to pay statutory entitlements under the Employment Rights Act 1996