In person For the v BSS Associates Limited — 2021

The tribunal proceeded in the respondent's absence after deciding that the respondent's late reasons for non-attendance were unconvincing and that it was unlikely to attend on another occasion. The claimant's evidence was largely accepted where it was not challenged, and the tribunal found that he had been employed by the respondent from December 2004.

The tribunal found that the respondent refused to pay the claimant, told him to leave the office, and repeatedly called him a thief. It found that this amounted to dismissal without notice on alleged misconduct grounds, but that the respondent had not shown a genuine belief in misconduct, had not carried out a reasonable investigation, and had not followed any disciplinary or other process. In the alternative, the tribunal found that the claimant was constructively dismissed by conduct breaching the implied term of trust and confidence.

The tribunal also found that the claimant had not been given written particulars of employment, had not been paid accrued holiday pay, had not been paid July 2021 wages, and had not received 12 weeks' statutory notice pay. The respondent's contractual claim was dismissed because no evidence was provided in support of it.