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Tribunal must make favourable finding on claim to meet test for s 38 award (News, 20 March 2015)

Published on: 20 March 2015

Table of contents

  • Impact of case
  • Relevant law
  • Background facts and employment tribunal decision
  • EAT judgment

Article summary

A tribunal can only make an award under s 38 of the Employment Act 2002 (failure to give a statement of employment particulars) following first making a finding in favour of an employee in respect of a claim under Schedule 5 of the Employment Act 2002. The legislation specifically requires a finding in favour of the employee and withdrawal, even following the claim being resolved in the claimant’s favour, does not sensibly fit within that description, according to obiter comments by Langstaff P. EAT: Advanced Collection Systems Limited v Gultekin.

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