Gultekin v Advanced Collection Systems Ltd

Employment – Unfair dismissal. The employee had claimed unfair and/or wrongful dismissal, arising out of a resignation which had been found to have been made without any notice, and where there had been no repudiatory breach by the employer. Accordingly, the employee was not entitled to any award of compensation for unfair dismissal, nor for wrongful dismissal, and had no legitimate claim for moneys due in the notice period. The employee withdrew her claim for notice pay. The employment tribunal, however, awarded £1,800 at the hearing because the employer had not provided a statement of terms and conditions of employment under s 1 of the Employment Rights Act 1996, and £150 as a fee reimbursement because the employee had partially won her case. The Employment Appeal Tribunal, allowing the employer's appeal, held that the employee had not justified claim; she had lost her case; and there had been no jurisdiction to make an award in respect of the admitted failure of the employer to observe s 1 of the Act.

Category: