Case 3330776/2018 · Employment Tribunal
Mr H Wiencek - Consultant For the v Mr MacCabe - Counsel — 2018
- Case reference
- 3330776/2018
- Decision date
- 26 January 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Henry Appearances
- Venue
- Watford
Parties
2 namedClaimant
Mr H Wiencek - Consultant For the
Respondent
Key findings
Tribunal's reasoningThe respondent conceded that the claimant was an employee. The tribunal then rejected the claimant's automatic unfair dismissal claim under section 104 of the Employment Rights Act 1996, finding that he had not been automatically unfairly dismissed for asserting a statutory right.
The tribunal also found that the claimant was not constructively dismissed when he resigned on 26 January 2018 and gave one week's notice. It further held that, when the claimant terminated the employment relationship, he was not entitled to notice of termination from the respondent and that there had been no breach of contract in failing to make a payment in lieu of notice.
The claimant's claim for an award under section 38 of the Employment Act 2002 was dismissed on withdrawal by the claimant. The judgment records that, apart from the conceded employee status point, the claimant's claims were dismissed.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal rejected the claim that the claimant had been automatically unfairly dismissed under section 104 of the Employment Rights Act 1996 for asserting a statutory right. | Dismissed | — | — |
| Constructive dismissal | The tribunal found that the claimant was not constructively dismissed when he tendered his resignation on 26 January 2018, giving one week's notice. | Dismissed | — | — |
| Breach of contract | The tribunal held that, on the claimant terminating the employment relationship, he was not entitled to notice of termination from the respondent and there was no breach of contract for failing to make a payment in lieu of notice. | Dismissed | — | — |
| Other | The claimant's claim for an award under section 38 of the Employment Act 2002 was dismissed on withdrawal by the claimant. | Withdrawn | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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