Mr D Allen v Holdcroft Renault Limited — 2023

Mr D Allen brought claims for wrongful dismissal and holiday pay against Holdcroft Renault Ltd arising out of the end of his short employment as a Sales Executive, which began on 4 January 2023. The tribunal found that he had an entitlement in principle to one week's contractual notice, but that the respondent dismissed him without notice at the end of the meeting on 1 March 2023, rather than on 22 March 2023 as he had contended.

On the wrongful dismissal claim, the tribunal accepted the evidence of Mr Rammell on the central issue and found that Mr Allen had passed his own bank details to customers of the respondent on two occasions so that he could obtain funds for himself. The tribunal held that this conduct was dishonest and serious, and that it amounted to a fundamental breach of the implied term of mutual trust and confidence. It also found that the separate allegation that he used customer credit card details to set up gambling website accounts was not proved on the evidence before it.

The holiday pay claim succeeded. The respondent accepted liability in principle, and the only issue was quantum. The tribunal found that the leave year followed the calendar year, that Mr Allen had taken no annual leave, and that by 1 March 2023 he had accrued 2.33 days' leave, which rounded up under the Working Time Regulations to 2.5 days. It rejected the respondent's two-day figure and the claimant's six-day case, and ordered the respondent to pay £161.05 gross, calculated at the agreed daily rate of £64.42.