No stand-alone right to compensation for failure on written job details

Facts

Ms Gultekin resigned without notice and issued a claim for constructive unfair dismissal. The tribunal rejected that claim.

However, during the hearing it became clear that Gultekin had no written particulars of employment as required by section 1 of the Employment Rights Act 1996. The judge awarded the maximum four weeks’ pay in compensation amounting to £1,800. Her employer appealed.

Ruling

The Employment Appeal Tribunal reversed the ruling. The judge was wrong to award the compensation because section 38 of the Employment Act 2002 says that a tribunal can only award compensation for failure to supply a written statement of employment particulars where, in the same proceedings, a finding has been made in the claimant’s favour in one of a list of claim types, including unfair dismissal.

Gultekin did not succeed in her unfair dismissal claim, so there was no basis for the compensation award.

Commentary

Apart from the main ruling, this case is also notable because Gultekin was ordered to pay her employer’s full £1,600 appeal fee, even though she was unrepresented at the original hearing and the need for the appeal resulted from a mistake by the judge hearing her case.

Advanced Collection Systems Limited v Gultekin UKEAT/0377/14/LA

www.bailii.org/uk/cases/UKEAT/2015/0377_14_0602.html