Case 1803330/2022 · Employment Tribunal
Mr D Chadwick-Rayner v Ford Retail Limited T/A TrustFord — 2023
- Case reference
- 1803330/2022
- Decision date
- 24 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Moxon Representation
- Venue
- Leeds
Parties
2 namedClaimant
Mr D Chadwick-Rayner
Respondent
Key findings
Tribunal's reasoningThe claimant worked for Ford Retail Ltd T/A Trustford as a sales executive from 23 April 2018. He resigned by letter dated 7 March 2022, but that letter gave no reason. After a grievance meeting on 15 March 2022, he was told that 2022 commission was not subject to clawback and that moving department would not trigger clawback, and he was given the chance to reconsider his resignation. The tribunal found, from the evidence and the contemporaneous notes, that his resignation was solely because he was dissatisfied with the 2022 pay plan, not because of the earlier matters he later relied on.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal found the claimant resigned because he was dissatisfied with the 2022 pay plan, not because of the earlier grievance, furlough pay, holiday pay or Ford Pass issues. It held there was no fundamental breach and, in any event, the relevant matters had been affirmed by continued employment. | Dismissed | — | — |
| Holiday pay | The tribunal held that calculating average pay over a 260-day working year was lawful and appropriate for a five-day-week employee. It rejected the claimant's argument that 227 days should be used. | Dismissed | — | — |
| Breach of contract | This claim failed because the claimant accepted that he had been paid his notice pay. | Dismissed | — | — |
| Unlawful deduction from wages | The claimant alleged unpaid commission but did not quantify what was said to be owed. The tribunal accepted the respondent's position that he had been paid everything due. | Dismissed | — | — |
Legal tests applied
3 references- Western Excavation (ECC) Ltd v Sharp
- implied term of trust and confidence
- Employment Rights Act 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.
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