Mr C Sharp v Springfields Convenience Store Limited — 2025

The claimant presented his claim on 12 December 2024. The claim form complained of constructive unfair dismissal, unauthorised deductions from wages, holiday pay, and a failure to provide a contract of employment. The parties later settled the unauthorised deductions and holiday pay complaints through ACAS conciliation, leaving the unfair dismissal issue and the complaint about the written statement of terms and conditions for determination. The respondent did not file a response, and although Mr H Khela attended, the tribunal noted that the respondent was not entitled to participate because no response had been submitted.

The tribunal upheld the claimant's complaint of ordinary unfair (constructive) dismissal under s98 of the Employment Rights Act 1998. It awarded a basic award of £5,216.64, calculated from weekly pay of £434.72 based on 38 hours at the National Minimum Wage rate of £11.44, 12 years' service, and a multiplier of 1 because the claimant was under 40 at the effective date of termination.

The compensatory award was £20,491.88. The tribunal included past loss of earnings from 11 October 2024 to 31 March 2025 at £446.39 per week, loss of earnings from 1 April 2025 to the hearing on 25 June 2025 at £463.98 per week, less earnings from Tesco Payroll during November 2024 to June 2025, and future loss of earnings from 26 June 2025 to 26 September 2025, again less expected Tesco earnings. It also added £500 for loss of statutory rights.

The tribunal also upheld the claimant's complaint that he had not been provided with a written statement of terms and conditions under s1 of the Employment Rights Act 1998. It awarded £927.96, described as two weeks' pay calculated by reference to the current National Minimum Wage rate of £12.21 per hour. The total award was £26,636.48.