Case 1601275/2024 · Employment Tribunal
MR A MCCAFFERTY v Capital Upvc Limited — 2025
- Case reference
- 1601275/2024
- Decision date
- 14 February 2025
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
MR A MCCAFFERTY
Respondent
Key findings
Tribunal's reasoningThe Employment Tribunal at Cardiff (by CVP), before Employment Judge R Brace on 13 February 2025, determined the claim of Mr A McCafferty against Capital UPVC Limited. The claimant appeared in person; the respondent was represented by Mr W Cowley, litigation consultant. The tribunal upheld the claim of unfair dismissal and ordered the respondent to pay the claimant a basic award of £1,929.00 and a compensatory award of £4,106.85.
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 make an award of four weeks' gross pay. Pursuant to section 38 of the Employment Act 2002 the respondent was ordered to pay a further sum of £1,442.30.
Reasons for the judgment were given orally at the hearing; written reasons were not provided absent a request. The judgment was sent to the parties on 14 February 2025.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Award comprises a basic award of £1,929.00 and a compensatory award of £4,106.85. | Upheld | — | £6,036 |
| Other | Failure to provide a written statement of employment particulars; award made under section 38 Employment Act 2002 equivalent to two weeks' gross pay. | Upheld | — | £1,442 |
Remedy
Monetary award- Total award
- £7,478
- across all upheld claims
- Basic award
- £1,929
- statutory, unfair dismissal
- Compensatory award
- £4,107
- compensatory remedy recorded
Legal tests applied
1 reference- section 38 Employment Act 2002
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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