Case 1400700/2019 · Employment Tribunal
Mr A Dixon v S M Trucking Ltd — 2020
- Case reference
- 1400700/2019
- Decision date
- 25 February 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Reed
- Venue
- Southampton
Parties
2 namedClaimant
Mr A Dixon
Respondent
Key findings
Tribunal's reasoningMr Dixon was employed by S M Trucking Ltd as its only employed lorry driver from 28 July 2013 until his summary dismissal on 28 November 2018. The dismissal followed a collision on 27 November 2018 which wrote off the vehicle. Mr Moore later told Mr Dixon that the vehicle was written off, that insurance brokers had indicated insurers were unlikely to cover him in future, and that his employment was being terminated. The tribunal found the dismissal reason was the combination of insurance issues and the lack of an available vehicle, which it treated as potentially fair under section 98 ERA 1996 as some other substantial reason.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the respondent breached contract by failing to give notice of dismissal. Damages were calculated on five weeks' notice using net weekly pay of £439 plus £5 per week pension contributions. | Upheld | — | £2,220 |
| Unfair dismissal | The tribunal held the dismissal was unfair because the respondent decided to dismiss without first holding a meeting with the claimant. The basic award of £3,810 was reduced by 50% under s.122 because the tribunal concluded the claimant was overwhelmingly likely to be responsible for the accident, and no compensatory award was made. | Upheld | — | £1,905 |
| Holiday pay | The tribunal accepted that the claimant had accrued 11.3 days' holiday plus one bank holiday by the termination date, had taken seven days, and was owed 4.3 days' pay. | Upheld | — | £378 |
Remedy
Monetary award- Total award
- £4,503
- across all upheld claims
- Basic award
- £1,905
- statutory, unfair dismissal
- Compensatory award
- £0
- compensatory remedy recorded
Legal tests applied
2 references- s.98 ERA 1996
- s.122 ERA 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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