Mrs T Carter v Mr M Carter trading as Independent Ground Maintenance — 2025

The Tribunal, sitting at Midlands West on 3 June 2025 before Employment Judge J Connolly with members Mrs R Forrest and Mr P Davis, gave a unanimous judgment that the respondent, Mr M Carter trading as Independent Ground Maintenance, must pay the claimant Mrs T Carter £11,320.85 in respect of her unfair dismissal. The sum comprised a basic award of £7,361.65 and a compensatory award of £3,959.20, the latter made up of £3,046.20 for the respondent's failure to pay notice (calculated on gross pay to reflect the possibility that the claimant may have to pay tax on it as post-employment notice pay), £413.00 for accrued but untaken holiday, and £500.00 for loss of statutory rights.

The Tribunal further found that when proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. The Tribunal concluded there were no exceptional circumstances making an award of two weeks' gross pay unjust or inequitable, but that it was not just and equitable to award four weeks' gross pay. Under section 38 of the Employment Act 2002 it therefore ordered the respondent to pay the claimant £507.70 in addition to the unfair dismissal award.

The Tribunal recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. Reasons were given orally at the hearing; written reasons will not be provided unless requested at the hearing or within 14 days of the written decision being sent.