Case 2401293/2024 · Employment Tribunal
Mr T Day v Northern Care Alliance NHS Foundation Trust — 2024
- Case reference
- 2401293/2024
- Decision date
- 12 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Franey
Parties
2 namedClaimant
Mr T Day
Key findings
Tribunal's reasoningThe claimant's fixed term contract was not renewed on 5 December 2023. The tribunal recorded that the reason for dismissal was redundancy and found that selection was within the band of reasonable responses, but that the respondent had not started its fixed term contract procedure at the appropriate time, had not held a formal meeting before the contract ended, and had made no efforts to find alternative employment during the earlier at-risk period.
The unfair dismissal complaint succeeded. The tribunal made no basic award because it was extinguished by the statutory redundancy payment, and later ordered a compensatory award limited to losses from 6 December 2023 to 28 February 2024. The breach of contract complaint about notice pay was dismissed because the tribunal interpreted the contract as giving temporary staff, including fixed term staff, a four week notice period.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Breach of contract claim related to notice pay; the tribunal found the claimant was contractually entitled to four weeks' notice and dismissed the complaint. | Dismissed | — | — |
| Unfair dismissal | The remedy judgment ordered a compensatory award for unfair dismissal of 18343.31, limited to losses in the period 6 December 2023 to 28 February 2024. | Upheld | — | £18,343 |
Remedy
Monetary award- Total award
- £18,343
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
- Compensatory award
- £18,343
- compensatory remedy recorded
Legal tests applied
7 references- section 98(4) Employment Rights Act 1996
- band of reasonable responses
- Williams & Others v Compair Maxam Limited [1982] IRLR 83
- Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 891
- Polkey v AE Dayton Services Ltd [1987] UKHL 8
- section 122 Employment Rights Act 1996
- section 123(7) 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.
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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