Miss Ashley Ward v Springbank Contractors Limited — 2026

Miss Ashley Ward submitted her claim three days after the ordinary time limit. The tribunal found that it had not been reasonably practicable to submit it in time because she misunderstood whether solicitors had been instructed to prepare the claim, and that she submitted it within a reasonable further period. The tribunal therefore accepted jurisdiction.

The tribunal found that Miss Ward was an employee of Springbank Contractors Limited. She worked fixed hours for more than two years, went where she was directed, was integrated into the company, used company equipment and vehicles, and was required to perform the work personally. The tribunal found the necessary control, mutuality of obligation and personal service, and gave little weight to her registration under the Construction Industry Scheme.

Miss Ward was dismissed without notice on 17 October 2024. Although the respondent relied on redundancy, the tribunal preferred the conclusion that her relationship with director Matthew Evans was the real reason for dismissal. It found that the financial evidence had limited value, that replacing her with an unpaid family member did not itself establish redundancy, and that the respondent had not shown a fair reason under section 98 Employment Rights Act 1996. The unfair dismissal claim was therefore upheld, with no Polkey or other deduction.

The tribunal awarded £43,088 for unfair dismissal: a £1,400 basic award, £31,080 net loss of income, £500 for loss of statutory rights, a £7,770 uplift representing 25% for failure to follow the ACAS Code, and £2,338 for tax grossing-up. Separate amounts sought for holiday pay and pension loss were not awarded. A further £3,800, equal to four weeks’ gross pay, was awarded under section 38 Employment Act 2002 for failure to provide written employment particulars, producing a total award of £46,888. No injury-to-feelings award was made.