(1) Mr. Mark Rudland (2) Mr. Damien Rudland v Yorkshire Windows and Doors Ltd — 2019

The tribunal heard evidence about a meeting on 7 March 2019 after a telephone altercation the previous day. It found that Mr Hornby used words to the effect that the business was his and that he would not accept the tone used to him the day before, but it preferred the evidence of Mr Lister on the central factual dispute and found that Mr Hornby did not actually say words amounting to an express dismissal before the claimants left the meeting.

Applying the statutory dismissal provisions and the approach in Sothern v Franks Charlsley, the tribunal held that the words used were not an unambiguous present dismissal and were not objectively to be understood as bringing the employment relationship to an end. It found instead that Mr Hornby may have intended to dismiss the claimants, but he did not get as far as doing so before they walked out and indicated finality by their own conduct.

For those reasons, the unfair dismissal complaints brought by both claimants were dismissed. The breach of contract complaints were also dismissed because the tribunal found the claimants had effectively terminated their own employments by leaving before any dismissal process or other action by the respondent could take effect, so they were not entitled to notice or pay in lieu.

On holiday pay, the First Claimant gave evidence that five holiday days had been carried over and remained unpaid at £80 per day, and that evidence was not answered by the respondent. The tribunal accepted that evidence and awarded the First Claimant £400 only on that head of claim.