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)

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

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether there was a breach of contract
  3. 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