Mr Neville Smith-Daniels v Montpellier Land and Developments Ltd — 2026

The respondent conceded the claims for holiday pay, unauthorised deduction from wages, and unpaid wages (breach of contract). The tribunal entered judgment for agreed sums of £2,899, £39,414.68, and £560 respectively.

The protected disclosure detriment complaint was dismissed because it was presented out of time and the tribunal found it was reasonably practicable for the claim to have been brought within time. The tribunal also found that the claimant's contract ended by resignation, but held that the complaint of constructive unfair dismissal was well-founded.

The wrongful dismissal complaint was also well-founded, and the tribunal found that the claimant was entitled to seven weeks' notice. On compensation, the tribunal reduced the basic award by 25% because of the claimant's conduct before dismissal, said there was a chance he would have been fairly dismissed so any compensatory award should be reduced by 25%, and applied the Acas Code of Practice on Disciplinary and Grievance Procedures 2015 to the grievance, with a 15% increase for the respondent's unreasonable non-compliance. The tribunal found the claimant did not cause or contribute to the constructive dismissal by blameworthy conduct and also found a breach of the duty to provide a written statement of employment particulars.