Mrs C Kaur v Chera Food Company Limited t/a Anand Sweets — 2024

Mrs C Kaur, a kitchen assistant employed from 6 April 2019, was dismissed by WhatsApp on 2 May 2023. The respondent said the dismissal was for conduct and capability, referring to a holiday dispute, alleged performance concerns and lateness. At the 9 May 2023 meeting, the parties continued to dispute whether Mrs Chera had approved the leave and whether the dismissal reasons were accurate.

The tribunal found that the principal reason for dismissal was that the claimant had taken more than two consecutive weeks' holiday, with perceived shortcomings in performance and timekeeping as a secondary reason. It accepted the claimant's account that she had received oral consent for the extended leave on this occasion, and it found that the completed holiday refusal form relied on by the respondent had never been given to her. The tribunal also found there was no objective evidence before the decision-maker of poor timekeeping, and no reasonable investigation, warning process or appeal process before dismissal.

Applying section 98 ERA 1996 and the Burchell fairness approach, the tribunal held that dismissal for the holiday issue was not within the range of reasonable responses because a reasonable employer would have taken the oral agreement into account. It also held that dismissal for alleged poor performance or timekeeping was unfair because there was no evidence of adequate warning or performance management. The claim therefore succeeded.

On remedy, the parties agreed that the claimant had four years' continuous service, was aged 35 at termination and had gross weekly pay of £468.90. The tribunal awarded a basic award of £1,875.60. It accepted immediate loss of earnings of £12,505.61 after crediting temporary work income, added £500 for loss of statutory rights, and applied a 17.5% ACAS uplift to the compensatory award, producing a compensatory award of £15,281.59. It declined to award future loss, and made no reduction for contributory fault or Polkey.