Claimant v Baytree Car Sales and Others — 2022

The tribunal found that Mr Andrew Tunnicliff had been employed by Glenn Manuel T/A Baytree Car Sales, and after Mr Manuel’s death the employment continued with Karen Manuel as personal representative of the estate trading as Baytree Car Sales. It rejected the respondents’ case that his employment had transferred to Baytree Car Sales Ltd.

On the facts, the tribunal found that the dismissal on 3 March 2022 was communicated by text message from Glen Manuel Junior and was not the product of any genuine disciplinary process. It found that the respondent had not established a conduct reason for dismissal, and that there had been no investigation, no disciplinary hearing, no notice of any outcome, and no appeal process. The tribunal therefore held that the dismissal was unfair.

For remedy, the tribunal awarded a basic award of £9,992.50, calculated by reference to 17.5 weeks at £571 per week, and declined any reduction because it was not satisfied that the claimant had contributed to his dismissal. It awarded a compensatory award of £17,263.38, including £12,862.20 for loss of earnings, £500 for loss of statutory rights, and a 25% ACAS uplift of £3,452.68. It made no award for future loss.

The tribunal also upheld the notice pay and wages claims. It held that the claimant was entitled to 12 weeks’ notice because gross misconduct was not established, awarding £7,123.68. It further found that he had not been paid for February 2022 and the first 3 days of March 2022, awarding £3,849.68 gross. The total sum payable was £38,229.54, and the Recoupment Regulations did not apply to the unfair dismissal award.