Mr. S. Bingham v Just Wheels Trade Limited and 1 other — 2024

The tribunal heard claims by Mr S. Bingham against Just Wheels Trade Limited (R1) and Just Wheels Trade (R2). All claims against the second respondent were not well-founded and were dismissed. The claimant withdrew complaints of unlawful deduction from wages and non-payment of holiday pay against the first respondent, which were dismissed on withdrawal.

The tribunal upheld the claimant's complaint of breach of contract for non-payment of notice pay against the first respondent, ordering four weeks' pay of £1,762.96, and declined to make a section 207A TULR(C)A 1992 adjustment as it was not just and equitable. The complaint of unfair dismissal against the first respondent was also well-founded; however, the tribunal considered it just and equitable to reduce the basic award by 50% because of the claimant's conduct before dismissal, resulting in a basic award of £1,008 (£2,016 less 50%). The claim for a compensatory award was dismissed, and the Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.

The tribunal further found that the first respondent was in breach of its duty to provide a written statement of employment particulars when the proceedings began, with no exceptional circumstances making an award unjust or inequitable, and ordered two weeks' gross pay (£1,008) under section 38 of the Employment Act 2002, declining to award four weeks. The first respondent's contractual counterclaim under case number 2501834/2024 was not well-founded and was dismissed. Reasons were given orally at the hearing.