Tuesday 24 March 2015

Written Statement of Terms and Conditions

Thanks to Sarah Russell of Slater & Gordon for preparing this case summary
Where part of an employment tribunal claim has settled before the hearing, and the remaining elements fail, can there still be an award for failure to provide a statement of employment particulars?

No, held the EAT in Advanced Collection Systems Limited v Gultekin.

An employment tribunal can only make an award for failure to provide employment particulars under s.1(1) of the Employment Rights Act 1996 where another cause of action in the claim is successful. Here, the Employment Judge thought part of the claim (wrongful dismissal) had been settled prior to the hearing, and so treated this as a successful claim, and made an award regarding the lack of particulars, despite the rest of the claim failing.

Langstaff P held that approach was wrong.  It was not permissible to treat a settlement of an aspect of the claim as a 'successful claim' enabling a finding and damages under s.1(1).  Thus the award of compensation for failure to provide employment particulars had to fail.

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