Wrongful Dismissal – Successful outcome for our client:

£79,231.41 Awarded for Unfair Dismissal & Wrongful Dismissal Claim Against Former Employer.

Summary

How our team of Employment Law solicitors brought a successful constructive dismissal and wrongful dismissal claim against a double glazing company on behalf of their Client.

Read the full judgement HERE.

The Claim

Mr Hatch instructed Apex Employment Solicitors to commence a claim against his former employer, AD2000 Windows Ltd (‘the Respondent’). The claim was in relation to unfair dismissal and wrongful dismissal.

The Respondent employed Mr Hatch from 23 August 2010 until 31 May 2022. Mr Hewitt of the Respondent treated him unfairly, and Mr Hatch resigned as a consequence. Having given his notice of resignation, the Respondent dismissed him with immediate effect and without notice.

Mr Hatch instructed Apex Employment Solicitors to prepare for the Preliminary Hearing. We also prepared his case for the main trial. This included exchanging evidence, preparing a bundle of documents, preparing witness statements and briefing Counsel when required.

The Judgment

The Tribunal decided that the Respondent had not established a reason for dismissal and that Mr Hatch was unfairly dismissed. Furthermore, the Tribunal established that he had been wrongfully dismissed. This was because he had been dismissed without notice in circumstances where he was entitled to it. The Tribunal determined that Mr Hatch did not contribute to his dismissal. As a result, Mr Hatch had an entitlement to compensation up to the date of the Hearing, two years after his termination.

The Tribunal Judgment, dated 15 June 2024, ordered the Respondent to pay Mr Hatch compensation. This comprised a basic award, a compensatory award, damages for wrongful dismissal totalling £79,231.41, and unpaid commission. In addition, the Tribunal also granted a successful application for legal costs in Mr Hatch’s favour due to the Respondent’s unreasonable conduct throughout the Tribunal process.

Joanna Gooden, Partner of Apex Employment Solicitors, says, “This case highlights the importance of treating employees fairly and not withholding statutory notice in the absence of a fair reason to terminate. As a result of the Respondent’s knee-jerk reaction to the Claimant’s own resignation by dismissing him, the Claimant has a finding of unfair dismissal and wrongful dismissal. This has resulted in a significant award of compensation to our client. The general rule of the Tribunal is that each party bears their own costs. So, we were delighted that Mr Hatch not only secured a unanimous judgment in his favour but also successfully applied to recover his legal fees.”

If an employer has treated you poorly at work or forced your resignation, we can help. So, contact our team of Employment Law solicitors today.