Miss S Martin v Marldon Service Station Ltd (Cox of Torbay) — 2025

The Claimant, who had been employed since 3 July 2006 and was continuously absent on sick leave from March 2020, was dismissed by text message on 26 May 2023 following a single informal home visit by her line manager the previous day. The Respondent relied on capability as a potentially fair reason but had no written capability or attendance policy. Applying s.98(4) of the Employment Rights Act 1996 and authorities including Spencer v Paragon Wallpapers, East Lindsey DC v Daubney and Dundee City Council v Sharp, the Employment Judge held that the Respondent had not adopted a fair procedure: no reasonable warning of contemplated dismissal was given, no occupational health or medical prognosis was obtained, and no appeal was offered. The dismissal was therefore procedurally unfair.

The notice pay claim was conceded by the Respondent in final submissions; the Claimant was entitled to 12 weeks' statutory notice at £250 per week (£3,000), notwithstanding her exhausted sick pay. The holiday pay claim failed because the Respondent had already paid 4 weeks' carried-over leave for the previous holiday year plus holiday accrued in the year of termination, satisfying the statutory carry-over rules for long-term sick employees.

On remedy for unfair dismissal, the Claimant received a basic award of £6,125 (24.5 weeks x £250) and £350 for loss of statutory rights. No compensatory award was made for lost income: the Judge found that, even if a fair procedure had been followed, the substantive outcome would have been the same save for perhaps a week or two of delay during which the Claimant would have received nil pay, and that there was no evidence she would have been fit to return to work at any point since dismissal. The total award was £9,475, payable by 19 May 2025.