In person For the v Mr J Strachan, Proprietor — 2021

The claimant, Mr J Connellan, worked for the respondent hotel from 12 April 2016 and, after transfer to the current respondent in January 2019, continued as a Breakfast Chef on a regular eight-hour day shift at £85 per day. The tribunal found that the respondent’s operation was affected by the spring 2020 lockdown and that, on 2 July 2020, it told the claimant it needed to reduce staff levels and costs and offered alternative work on a different basis, which he declined.

The tribunal rejected the respondent’s case that the claimant was on a zero-hours arrangement and found that the reality of the relationship was a regular Breakfast Chef role. It held that the requirements of the respondent’s business for work of that kind had ceased or diminished, so the claimant was dismissed on 2 July 2020 by reason of redundancy within section 139(1)(b) ERA 1996. On that basis, the claimant was entitled to a statutory redundancy payment of £1,700.

The unfair dismissal claim was nevertheless dismissed. Applying section 98(4) ERA 1996, and referring to Williams & Ors v Compair Maxam Ltd, Safeway Stores v Burrell, and Polkey v A E Dayton Services Ltd, the tribunal found that the respondent had consulted reasonably with the claimant and other employees, was operating in difficult financial circumstances, and had offered such alternative employment as was available. It held that, given the size and administrative resources of the employer, the dismissal was fair and reasonable in all the circumstances.

The breach of contract claim in respect of notice succeeded. The tribunal found that the claimant was entitled to four weeks' statutory notice on termination, but because he obtained alternative employment immediately and suffered no loss of earnings, no compensation was awarded. The holiday pay claim was dismissed because the tribunal found that the respondent had given valid notice under Regulation 15(4) of the Working Time Regulations 1998 for nine days' annual leave from 22 June 2020, that the claimant took and was paid for that leave, and that no further holiday remained outstanding at termination.