Mr S Collins v Bicks Chicks Ltd — 2022

Mr S Collins was employed by Bicks Chicks Ltd as a butcher from 1 November 2009 until summary dismissal on 4 January 2022. The tribunal found that he tested positive for COVID-19 on 25 December 2021, came to work on 29 December, and was then dismissed for doing so. The respondent did not attend the hearing, and the tribunal gave less weight to its untested written material than to the claimant's evidence.

On the unfair dismissal claim, the tribunal accepted that conduct was a potentially fair reason under s.98(2)(b) ERA 1996 and applied BHS v Burchell and s.98(4) ERA 1996. It found that the respondent did not carry out a fair procedure: there was no advance warning, no proper opportunity to respond, no appeal, and no adequate investigation before dismissal. The tribunal therefore held the dismissal unfair. It found that the claimant had contributed to his dismissal by 75% because he attended work four days after a positive test and did not follow the Government self-isolation guidance, although it also noted evidence that Mr Davies later suggested he come in during the night because of staffing pressure.

The tribunal accepted a week's pay of £400.95. It assessed the basic award at £4,800 before reduction, reduced it by 75% to £1,200, and assessed the compensatory award at £801.90, increased by 20% under the ACAS Code to £1,032.85, then reduced by 75% to £258.21. The resulting unfair dismissal award was £1,458.21. On wrongful dismissal, the tribunal was not satisfied that gross misconduct was made out, but it did find very serious misconduct and awarded the balance of notice pay of £543.69. There was no recoupment.

The tribunal dismissed the redundancy payment claim, the holiday pay claim, and the unpaid wages claim. It also found that the respondent had failed to provide a statement of employment particulars contrary to s.1 ERA 1996 and awarded £200.47 for that breach after applying the same reductions. It further found a failure to provide itemised pay slips contrary to s.8 ERA 1996, but made no award under s.8. The total award was £2,202.37.