in person For the v Mr Brayley (director) — 2021

The tribunal found that the effective date of termination was in late October 2019, not 24 July 2019, because the claimant did not receive the P45 issued on 24 July 2019 and only became aware of the dismissal when it was re-sent in late October 2019. On that basis, the claim form was in time. The judgment also noted that the claimant's complaint of discrimination arising from a disability under section 15 Equality Act 2010 had already been dismissed by a decision dated 5 January 2021.

The unfair dismissal complaint was dismissed. Employment Judge Johnson held that the claimant had been fairly dismissed because of some other substantial reason within section 98(1)(b) Employment Rights Act 1996. The judgment states expressly that the unfair dismissal claim was not well founded.

The unlawful deduction from wages complaint succeeded because the effective date of termination was late October 2019. The tribunal did not quantify that claim in this judgment and said quantification would take place at a remedy hearing, with the issue likely to be limited to unpaid statutory sick pay while the claimant remained absent through ill health until the effective date of termination.

The tribunal also held that, because the claimant was dismissed without notice, she was entitled to 2 weeks' notice pay under her contract of employment. Quantification of that complaint was also deferred to the remedy hearing, which was to be listed separately.