Mr T Benjamin v Leisure Guard (UK) Ltd and Hurstwood Estates Ltd (England and Wales : Age Discrimination : Breach of Contract : Redundancy : Unfair Dismissal : Unlawful Deduction from Wages) [2017] UKET 2402828/2016 (10 March 2017)

Mr T Benjamin v Leisure Guard (UK) Ltd and Hurstwood Estates Ltd (England and Wales : Age Discrimination : Breach of Contract : Redundancy : Unfair Dismissal : Unlawful Deduction from Wages) [2017] UKET 2402828/2016 (10 March 2017)

The tribunal found that the claimant was unfairly dismissed as the redundancy was not genuine and proper procedures were not followed. There was insufficient evidence of age discrimination. The claimant was entitled to redundancy payment and compensation for unlawful deduction from wages.

Citation
[2017] UKET 2402828/2016
Parties
Claimant: Mr T Benjamin; Respondent: Leisure Guard (UK) Ltd; Respondent: Hurstwood Estates Ltd
Jurisdiction
United Kingdom
Judgment Date
10 March 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim partly upheld
Legal Topics
Age Discrimination, Breach of Contract, Redundancy, Unfair Dismissal, Unlawful Deduction From Wages
Employment Law Age Discrimination Breach of Contract Redundancy Unfair Dismissal Unlawful Deduction From Wages

Case Brief

Summary, issues, holding and outcome

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Parties

Mr T Benjamin

Claimant

Leisure Guard (UK) Ltd

Respondent

Hurstwood Estates Ltd

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the claimant was subject to age discrimination
  3. 3 Whether there was a breach of contract

Ratio Decidendi

The tribunal found that the claimant was unfairly dismissed as the redundancy was not genuine and proper procedures were not followed. There was insufficient evidence of age discrimination. The claimant was entitled to redundancy payment and compensation for unlawful deduction from wages.

Court Disposition

Claim partly upheld

Orders

  • Respondents to pay claimant redundancy payment
  • Respondents to pay compensation for unfair dismissal