Tag
#assertion-of-statutory-right
8 cases tagged Assertion of Statutory Right.
Administrative error leads to revocation of dismissal judgment: tribunal allows claim to proceed
A former employee who responded to a tribunal direction within time but used the wrong case number had her unfair dismissal claim reinstated after the tribunal revoked its original judgment.
Driver installer with 4 months' service allowed to pursue automatically unfair dismissal claim
A driver installer who was dismissed after challenging his pay rate has been allowed to pursue an automatically unfair dismissal claim, despite having less than two years' service.
Apprentice dismissed after raising National Minimum Wage concern: claim fails
A trainee project manager who was dismissed after complaining about underpayment of the National Minimum Wage lost his claim for automatic unfair dismissal. The tribunal found the real reason was performance and conduct issues.
Kitchen designer dismissed by text: claim thrown out for being too late
A kitchen designer who was dismissed by text message after just five months had her entire claim dismissed because she presented it after the statutory time limit. The tribunal found it was reasonably practicable for her to have claimed earlier.
Call handler's constructive dismissal and race discrimination claim fails
A call handler who resigned after being asked to leave the office during a heated argument lost her claims of constructive dismissal and race discrimination. The tribunal found no dismissal or discrimination.
Cleaner dismissed for raising unpaid wages: a warning on asserting statutory rights
A cleaner with four years' service was unfairly dismissed after she raised concerns about unpaid wages. The tribunal awarded £11,226.61, including a 25% ACAS uplift for the employer's failure to follow procedures.
Dismissed after asserting rights to payslips and pay: charity employee's unfair dismissal claim fails but wage claims succeed
An employee of a charity who complained about not receiving payslips and incorrect pay was dismissed soon after. The tribunal found the dismissal was not automatically unfair, but upheld claims for unlawful wage deductions and notice pay, awarding £6,309.
Delivery driver dismissed after asking about tax refund: unfair dismissal win
A delivery driver with only five months' service was unfairly dismissed after texting her employer about a £630 tax refund she believed was owed. The tribunal awarded £2,601.61.