Will an employer who provides a written statement of terms and conditions late, but before a case begins in the employment tribunal, have any award increased under s38 of the Employment Act 2002?
No, held the EAT in Govdata Ltd v Denton.
Mr Denton was employed by Govdata on 1st December 2015. He was later give a statement of terms and conditions as required by s1 Employment Rights Act 1996. But not until 15th June 2016, long after the deadline to do so (two months from employment starting).
He was dismissed in August 2016 and brought a claim a few months later.
The EAT concluded his employer had met the requirement in s1, albeit late. s38 allowed for any tribunal award to be increased, but only where the employer was in breach of their duty when proceedings commenced. Since late compliance was still compliance they were not in breach of their duty under s1. Accordingly, Mr Denton's award could not be increased.
Thanks to Michael Reed, Employment Legal Officer at the Free Representation Unit, for preparing this case summary.