David Burrows v Sizer Engineering Limited — 2023

Employment Judge Evans sat alone at Leeds on 31 January 2023. David Burrows brought claims against Sizer Engineering Limited for unfair dismissal, wrongful dismissal (notice pay), breach of contract in relation to a year-end bonus and a separate commission bonus, and holiday pay. The tribunal found that he was employed as general manager, not as managing director, and that he had not been expressly dismissed on 31 May 2022.

On the dismissal claims, the tribunal found that Mr Burrows resigned in early May 2022 and that the ensuing discussions were a negotiation about pay, access to Sage accounts, supplier payments, and working terms. It rejected his case that Mr Simpson's conduct amounted, individually or cumulatively, to a breach of the implied term of trust and confidence. The tribunal found that the disagreement over Ashley Clough's overtime-related take-home pay led Mr Burrows to decide to leave, and that when he said he was leaving and could either leave immediately or work notice, the parties agreed to end the notice period at once.

The year-end bonus claim failed because the bonus formula in Mr Simpson's 22 February 2022 email applied 8% to combined net profit for Sizer and Dynamic, and the published accounts showed Sizer profit of £66,061 and Dynamic loss of £85,976, producing a negative combined figure. The tribunal also rejected the suggestion that the accounts were materially inaccurate. The separate commission bonus claim was withdrawn at the hearing. The holiday pay claim failed because the tribunal preferred the contemporaneous records showing that Mr Burrows took 66 hours' holiday in the relevant year and had no accrued but untaken leave on termination. All claims were dismissed and no award was made.