Case 1403208/2019 · Employment Tribunal
Mr K Zargaran v Seaside Foods Limited — 2020
- Case reference
- 1403208/2019
- Decision date
- 9 March 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fowell Representation
- Venue
- Exeter
Parties
2 namedClaimant
Mr K Zargaran
Respondent
Key findings
Tribunal's reasoningMr Zargaran resigned on 26 April 2019 and stated that his last working day would be 30 May 2019, including a week away from 9 to 16 May. The tribunal found there was confusion about the holiday dates and that Ms Sheffield-Dunston later proposed meetings to discuss the resignation and working arrangements, but the relationship deteriorated and on 13 May 2019 she told him that the respondent would treat 9 May 2019 as his last working day.
The respondent advanced a counterclaim for breach of contract based on gross misconduct. The tribunal did not accept that the holiday-date confusion was gross misconduct, and it also did not treat the refusal to attend the proposed meeting, the copying of the resignation email, or the return of keys as gross misconduct. It did find sufficient evidence that Mr Zargaran behaved aggressively and intimidatingly towards colleagues, and that he directed most restaurant orders to a company run by his girlfriend without the owners being aware of that connection, which the tribunal regarded as gross misconduct.
The complaint of wrongful dismissal was dismissed. Relying on Williams v Leeds United Football Club 2015 IRLR 383, the tribunal held that the respondent was entitled to act on the later-discovered breaches and was entitled not to pay the balance of notice pay. The breach of contract counterclaim was upheld, but the tribunal made no order for compensation because no loss had been proved and it noted that the business had saved the balance of his wages for the notice period, approaching £1,000.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | Claim for unpaid notice pay after summary dismissal during the notice period. The tribunal held the respondent was entitled to rely on breaches discovered after dismissal and therefore the complaint failed. | Dismissed | — | — |
| Breach of contract | Respondent's counterclaim alleging breach by gross misconduct was upheld on the findings of aggressive and intimidating behaviour towards colleagues and an undisclosed conflict of interest in placing orders with the claimant's girlfriend's business. No damages were proved, so no compensation was awarded. | Upheld | — | £0 |
Remedy
Monetary award- Total award
- £0
- across all upheld claims
Legal tests applied
1 reference- Williams v Leeds United Football Club 2015 IRLR 383
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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