An employment tribunal has awarded £25,000 for breach of contract to an employee whose apprenticeship was ended early.
Reported by Personnel Today , in the case of Kinnear v Marley Eternit Ltd t/a Marley Contract Services , the employment tribunal awarded a roof tiler £25,000 over the breach of his contract of apprenticeship.
Mr Kinnear became an apprentice roof tiler with Marley Eternit in October 2014. His contract of apprenticeship was due to run until November 2018.
In June 2016, he was advised that there had been a downturn in business and that his employment was being terminated on the basis of redundancy. His appeal against dismissal was rejected.
Mr Kinnear brought a claim for breach of contract in an employment tribunal. The company did not enter a defence to the employment tribunal claim.
In upholding Mr Kinnear’s claim, the tribunal noted that he had 122 weeks left to run on his apprenticeship. It assessed that he would have been paid £24,217 for the remainder of his apprenticeship.
The tribunal acknowledged that the lack of a roofing qualification might disadvantage him in the labour market for a number of years to come.
While the employment tribunal did not assess in detail Mr Kinnear’s potential future loss of earnings, it accepted that his losses were likely to reach at least £25,000 (the maximum an employment tribunal can award for breach of contract).
You can read the full details of the case on GOV.UK - Kinnear v Marley Eternit Ltd t/a Marley Contract Services .
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BHS workers share £1m payout over failed redundancy process 24 April 2017
Employment tribunal awards 110 head office workers up to 90 days’ wages for ‘complete failure to consult’ staff before dismissal.
The Guardian has reported that a group of former BHS workers have altogether won up to £1m in compensation over the summary way they were made redundant when the retailer collapsed.
A London employment tribunal awarded 110 employees at the firm’s head office up to 90 days’ wages after their lawyers successfully argued that the company did not conduct a proper consultation process with them ahead of their dismissal.
The employees were represented by the law firm JWK, which successfully argued that BHS failed to fulfil its legal duty to consult with staff for at least 45 days before making them redundant when the retailer collapsed last April.
The tribunal ruled there had been “a complete failure to consult” and that the claimants should receive the maximum protective award.
JWK brought the claim against BHS and the government on behalf of former staff. The business department therefore will have to hand the staff the equivalent of 40 days’ pay, and the defunct company’s estate will be liable for the remaining 50 days’ money. Payments will vary in size depending on salaries but the government’s contribution is capped at £3,800 per person When BHS collapsed into administration a year ago , with the loss of 11,000 job losses, it was the biggest high-street failure since that of Woolworths, which went into administration in 2008. The retailer had been owned by Sir Philip Green for 15 years until he sold it to Dominic Chappell, a former bankrupt, for just £1 in March 2015.
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