January 16, 2023 12.30 pm This story is over 17 months old

Man awarded £38,000 after former employer ‘faked notes’ of his firing

An employment tribunal found there was no reason for dismissal

Mr Tunnicliff had worked for years at Baytree Car Sales in Moulton | Photo: Google

A Spalding car dealership manager has been awarded £38,000 after reportedly being fired from his job without cause.

Andrew Tunnicliff was dismissed by text in March 2022.

Baytree Car Sales on High Road alleged this was for gross misconduct, but an employment tribunal found that the documents they provided were likely fabricated.

The company disputes this and say they are considering an appeal.

Mr Tunnicliff, 38, had been employed at the Moulton business since he was a teenager and had worked his way up to the role of manager.

An employment tribunal in Lincoln heard claims from the company that Mr Tunnicliff was dismissed for gross misconduct following an investigation.

However, Mr Tunnicliff says he never had a single meeting or discussion about this.

Employment Judge Hutchinson came to the conclusion that notes and letters about the investigation had been made up.

On several occasions in his report, he writes: “I am satisfied that document was created for the purposes of this Tribunal.”

One claim was that Mr Tunnicliff signed cheques on behalf of the former owner who had passed away, however the tribunal heard that this had never been an issue before.

The judge believed the firing was triggered by an argument in March between Mr Tunnicliff and one of the owners, which escalated.

That night, the owner texted him: “Hand keys in tomoz, u no longer work for us or my family”.

Mr Tunnicliff says he did not receive any pay for February or March, a letter of dismissal or a P45.

As he had e has only ever worked at the company and doesn’t have any qualifications, he has found it difficult to get new work.

He was awarded unpaid wages of £3,894, 12 weeks’ notice pay of £7,123, and other compensation £27,262.

A representative for the company says: “Baytree Car Sales disputes that Mr Tunnicliff was wrongly dismissed or that paperwork was forged for the tribunal.

“One of the directors was unable to attend the tribunal due to other commitments, and he could have provided explanations which would have proved this.”

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