Local I.T employer victorious at employment tribunal
Norwich employer MASS Computers Ltd were today celebrating the
successful conclusion of a complex Employment Tribunal case
brought against it by a former employee, Mr Paul Dennis.
Mr Dennis claimed constructive dismissal, breach of contract, unpaid wages and a breach of the flexible working regulations.
After a two day hearing, followed by a third day to deal with the issue of costs, the Tribunal unanimously dismissed all of Mr Dennis's claims.
Judge Ash held that he found Mr Lake, managing director of the
Respondent, to be an
honest, accurate, considered and
compassionate man and that Mr Dennis had behaved in an
increasingly unreasonable way towards his employer.
The Tribunal also held that there was
that the Claimant, and possibly his wife, were contemplating some
form of insurance fraud using MASS's registered office address,
phone number and VAT number and that Mr Dennis resigned
quite simply because
he was found out and not because of
any breach of contract by the employer.
Indeed in this case, said Judge Ash,
we can not find any breaches of contract
by the employer.
Judge Ash had concluded his judgment by stating that
this is a case that should not have been
As well as dismissing each of Mr Dennis's claims, the Tribunal today ordered Mr Dennis to pay £10,000 towards MASS's legal costs (the maximum sum the Tribunal are empowered to order) on the basis that he acted vexatiously, unreasonably and that the claim had no reasonable prospects of success.
Mike Lake, managing director of MASS and a witness in the
proceedings, commented that,
Although I am stunned at the
apparent ease in which a wholly unreasonable tribunal claim can
be brought against an employer I consider it a stroke of good
fortune that I was introduced to Dan Chapman of Leathes
Dan's expertise, experience and attention to detail not only
conclusively won us the case but also completely exonerated our
company of all blame.
Dan then went on to ensure that our case became one of only
a handful, per year, in the whole of the UK to be awarded
This was all an extremely unpleasant experience however;
Dan's calming influence and confident approach always gave us
hope in a system that seems so heavily stacked against an
As well as dismissing each of Mr Dennis's claims, the Tribunal today ordered
Mr Dennis to pay £10,000 towards MASS's legal costs (the maximum sum the Tribunal
are empowered to order) on the basis that he acted vexatiously,
unreasonably and that the claim had no reasonable prospects of success.