Ms Ruth Kissock v Bread Basket Sandwich Station — 2023

Ms Kissock was employed as a delivery driver from 9 December 2020 to 20 May 2021. The tribunal found that she was not self-employed: she worked regular shifts under the respondent's supervision, could not choose whether to accept work, was paid in cash, and never received a written contract. It accepted her evidence that she was dismissed on 20 May 2021 after she pressed the respondent about a £630 tax rebate she believed was being withheld. The respondent did not give evidence, and the tribunal found that no disciplinary procedure or investigation had been carried out at the time of dismissal.

The tribunal held that the unfair dismissal claim succeeded under s.104 ERA 1996 because the dismissal was principally because the claimant had asserted a statutory right in relation to what she believed were withheld wages. It found that her belief was made in good faith, even though she later learned that the rebate had not yet been received, and that the qualifying period in s.108 ERA 1996 did not apply. The wrongful dismissal claim also succeeded: the claimant was entitled to one week's notice, no gross misconduct was proved, and notice pay of £348.80 was awarded. The tribunal also upheld the unpaid wages claim for £510.12 and the holiday pay claim for £872.00. The separate £630 tax refund element was not proceeded with and was dismissed on withdrawal after payment was received on 3 March 2022.

On remedy, the tribunal awarded £0 for both the basic award and compensatory award on the unfair dismissal claim because the claimant started a new higher-paid job on 24 May 2021 and had no compensable loss. It found no power to award damages for health. The subtotal of £1,730.92 was increased by 10% because the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, producing £1,904.01, and a further £697.60 was awarded under s.38(3) of the Employment Act 2002 because the respondent had not provided written particulars. The total award was £2,601.61 gross.