Mr Hanif Hafejee v Vision Care Services Limited This was a remote hearing, by cloud video platform (V): A hearing in person was not practicable because of the restrictions due to Covid and 1 other — 2021

Mr Hanif Hafejee worked for CMCL from 9 September 2013 and was transferred to Vision Care Services Limited on 16 December 2019 under TUPE. The tribunal accepted that he had more than two years' continuous employment. It also accepted that he had been employed by CMCL throughout that period and rejected the respondent's case that the employment documents were false or forged.

The tribunal found that the respondent laid him off on 23 March 2020, although his contract contained no lay-off provision. It found that the respondent then failed to give timely clarification about his position, did not respond properly to repeated requests, and refused to allow him to return to work, including as a carer. The tribunal also found that the respondent did not provide him with care work even though shifts were available, and inferred that his higher rate of pay was a factor in that decision.

When Mr Hafejee raised a formal grievance on 21 May 2020, the respondent's first reply was a holding response, but the follow-up email on 22 May 2020 summarily rejected his complaints as false and untrue. The tribunal held that this was incompatible with the ACAS Code and, taken with the earlier lay-off, lack of response, and failure to restore him to work, amounted to conduct that destroyed trust and confidence. It found that he resigned on 1 June 2020 in response to that fundamental breach and was therefore constructively dismissed and unfairly dismissed. It did not find that the sole or principal reason for dismissal was the TUPE transfer.

On remedy, the tribunal awarded a basic award of £3,228, a compensatory award of £14,842.97, and a 20% ACAS uplift of £2,968.59, making a total award of £21,039.56. It also noted that the recoupment provisions applied. Separately, it made a costs order requiring the respondent to pay 50% of the claimant's legal fees, assessed at £3,681.92.