Mr C Chapman v First Signs Limited — 2023

The respondent did not present a response, so the judgment was made under rule 21 on the information before Employment Judge Ainscough Date. The claimant worked as an erector of signs from 6 December 2021 to 20 July 2022. On 8 July 2022 he made a public interest disclosure that the respondent had failed to keep vehicles roadworthy for the safety of other road users; he was then suspended on no pay until a disciplinary hearing on 20 July 2022, when he was dismissed for gross misconduct.

The judge accepted the claimant's evidence that the dismissal was not based on a reasonable belief founded on a reasonable investigation, and held that the respondent dismissed him because he made a protected disclosure. The dismissal was therefore automatically unfair under section 103A ERA 1996. The judgment also states that the dismissal was not within the range of reasonable responses.

The claimant was not entitled to a basic award because he had not completed one year of employment. The compensatory award was calculated by reference to 24 weeks' loss from 18 August 2022 to 31 January 2023 at the net weekly rate of £312.74, producing £7,505.76. The tribunal noted that by the final hearing on 11 January 2023 he had secured caretaker work but was awaiting safety checks, so compensation ran to 31 January 2023.

The tribunal also upheld the claims for unauthorised deduction of wages, breach of contract and accrued holiday pay. It found the respondent had not paid wages during suspension between 8 and 20 July 2022 and awarded £553.60 gross for 1.6 weeks; it awarded £1,384 gross for four weeks' notice pay under the contract; and it awarded £415.20 gross for six days of accrued holiday pay on termination under regulation 14 of the Working Time Regulations 1998. The judgment includes the standard interest notice, stating that interest would run from 30 August 2023 at 8% per annum if the sums were not paid within 14 days, but it does not quantify interest.