Case 1803743/2020 · Employment Tribunal
Mr C Gallagher v Amnack Limited trading as Doncaster Cables — 2020
- Case reference
- 1803743/2020
- Decision date
- 25 November 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Little REPRESENTATION
Parties
2 namedClaimant
Mr C Gallagher
Key findings
Tribunal's reasoningThe tribunal found that the claimant's effective date of termination was 19 June 2020. On that basis, it held that it had no jurisdiction to hear the unfair dismissal complaint or the redundancy payment complaint because the claimant did not have the requisite two years' service. Those complaints were therefore dismissed for want of jurisdiction.
The complaints about unpaid wages, notice pay and holiday pay failed because the sums claimed were calculated on the basis of an effective date of termination of 31 July 2020, which the tribunal did not accept. The tribunal also held that the complaint about the company vehicle being taken during furlough did not amount to a breach of contract; it said that issue could only have been relevant to any unfair dismissal remedy, which was not available.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed for want of jurisdiction because the tribunal found the claimant's effective date of termination was 19 June 2020 and he did not have the requisite two years' service. | Dismissed | — | — |
| Redundancy | Dismissed for want of jurisdiction for the same reason: the tribunal found the claimant's effective date of termination was 19 June 2020, so he did not have two years' service. | Dismissed | — | — |
| Unlawful deduction from wages | The complaint about unpaid wages failed because the sums claimed were premised on an effective date of termination of 31 July 2020. | Dismissed | — | — |
| Other | The complaint about notice pay failed because the sums claimed were premised on an effective date of termination of 31 July 2020. | Dismissed | — | — |
| Holiday pay | The holiday pay complaint failed because the sums claimed were premised on an effective date of termination of 31 July 2020. | Dismissed | — | — |
| Breach of contract | The complaint about the claimant's company vehicle being taken during furlough was held not to amount to a breach of contract; the tribunal said it could only have been relevant to any unfair dismissal remedy, which was not applicable. | Dismissed |
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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