Ms. E. L. Croucher v The Spread Food Ltd — 2022

Ms. Croucher was employed by The Spread Food Ltd from 14 November 2021 as a sales and event manager, later described as a general manager, on a salary of £30,000 gross per year and a contractual one-month notice period. She resigned on 11 January 2022, but the respondent then dismissed her for gross misconduct by letter relying on six allegations. The unfair dismissal claim was struck out because she had not completed 2 years' continuous service.

On the wrongful dismissal claim, the tribunal considered each allegation relied on for summary dismissal. It accepted that the claimant had failed to send the requested video confirming that the Victoria Park storage unit was locked, but found this was a failure to follow a reasonable management instruction rather than gross misconduct. The tribunal also found the other allegations were not acts of gross misconduct, and it noted that describing the matter as a serious breach of protocol overstated it because no protocol had been in place. The tribunal concluded the conduct was not so serious as to amount to a repudiatory breach of contract, and that at most the claimant should have received a final written warning.

The wrongful dismissal claim therefore succeeded and the tribunal awarded one month’s net pay of £2,050. For holiday pay, the tribunal found the claimant had worked for 58 days, was entitled to 4.6 days' leave for that period, had taken 8 days' leave, had been paid for 6 days and had one day recouped from salary. It accepted that, had contractual notice been given, she would have accrued a further 2.33 days of leave, leaving 2 days accrued but unpaid. The tribunal awarded £230.88 gross for those 2 days at £14.43 per hour for 8 hours per day, subject to deductions for tax and national insurance.