Mr S McDonald v Ede Wilkinson Ltd and Spence Refit Ltd: (England and Wales : Breach of Contract : Redundancy : Unfair Dismissal : Unlawful Deduction from Wages : Working Time Regulations) [2017] UKET 3200649/2016 (25 April 2017)
The tribunal found that the claimant was unfairly dismissed as the redundancy was not genuine, there was a breach of contract, and unlawful deductions from wages occurred. The respondents failed to follow fair procedures and did not comply with statutory requirements.
- Citation
- [2017] UKET 3200649/2016
- Parties
- Claimant: Mr S McDonald; Respondent: Ede Wilkinson Ltd; Respondent: Spence Refit Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 25 April 2017
- Procedural Posture
- Employment Tribunal / Judgment
- Outcome
- Claim upheld in part
- Legal Topics
- Breach of Contract, Redundancy, Unfair Dismissal, Unlawful Deduction From Wages, Working Time Regulations
Case Brief
Summary, issues, holding and outcome
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Parties
Mr S McDonald
Claimant
Ede Wilkinson Ltd
Respondent
Spence Refit Ltd
Respondent
Procedural Posture
Employment Tribunal / Judgment
Legal Issues
- 1 Whether the claimant was unfairly dismissed
- 2 Whether there was a breach of contract
- 3 Whether redundancy was genuine
Ratio Decidendi
The tribunal found that the claimant was unfairly dismissed as the redundancy was not genuine, there was a breach of contract, and unlawful deductions from wages occurred. The respondents failed to follow fair procedures and did not comply with statutory requirements.
Court Disposition
Claim upheld in part
Orders
- Respondents to pay compensation to the claimant for unfair dismissal
- Respondents to pay outstanding wages to the claimant
Full Case Text
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