Mr Hitesh Dhorajiwala, Counsel on 9 September 2021. In person on 17 March 2023. For the v Foster & Son Northampton Ltd — 2023

The Tribunal held that Foster & Son Northampton Ltd dismissed Mr Matthew Allen in breach of contract because it failed to give him 3 months' notice terminating his employment or to pay him in lieu of notice. The sole remedy recorded was an order that the Respondent pay the Claimant the net sum of £13,175.01 as damages for breach of contract.

In its reasons, the Tribunal noted that the Respondent no longer sought to maintain that the Claimant had breached the express or implied terms of his contract so as to justify summary dismissal or dismissal otherwise than on notice. Although the Claimant did not bear the burden of proof on the point, the Tribunal stated that it was satisfied he had not committed misconduct or gross misconduct, had not materially failed to perform his duties satisfactorily, had not failed to comply with reasonable lawful directions, had not acted in a way that brought or was likely to bring the company into serious disrepute, and had not committed fraud or dishonesty.