Did Not Attend For the v Mr Michael Davey of the Respondent — 2023

The tribunal proceeded in the claimant's absence under Rule 47 after making practicable enquiries, noting that he had not attended and had not provided a witness statement. It heard oral evidence from Mr Michael Davey and accepted a written statement from Ms Sarah Shelley only with limited weight. The claimant had worked as an assistant manager from 31 January 2022 until 22 July 2022 for the respondent partnership trading as Trethorne Leisure Park.

On the dismissal issue, the tribunal preferred the respondent's account that Ms Shelley met the claimant on 22 July 2022 to discuss complaints about his conduct, that the claimant asserted he had been dismissed, and that he then left immediately. It found that he resigned and was not dismissed. The unfair dismissal claim therefore failed on that factual basis, and it also failed because the claimant had less than two years' continuous service under s.108(1) ERA 1996.

The alternative protected-disclosure case also failed. The tribunal held that the alleged disclosures were vague, that there was no evidence they were qualifying protected disclosures within ss.43A to 43C ERA 1996, and that there was no evidence that any such disclosure was the principal reason for dismissal. The notice-pay claim failed because the final payslip showed payment through 29 July 2022, which covered the contractual one-week notice period.

On the pay deductions, the tribunal found that the respondent had advanced £700 at the start of employment and a further £200 later, with £100 deducted each month from February to June 2022, leaving £400 outstanding when the employment ended. It held that the signed contract authorised deductions for overpayments and related sums, so the loan-repayment deduction was not unlawful. It also found that the final deduction of £198.88 for overclaimed holiday pay was authorised, because the claimant had taken 10 days' paid leave, his pro rata entitlement was 8.21 days, and the contract authorised deduction of the 1.79-day overpayment. All claims were dismissed.