Ms H Rojas Poveda v MAR Facilities Support Services Ltd — 2025

The Claimant, Ms H Rojas Poveda, brought claims of unfair (and in the alternative constructive) dismissal, protected disclosure detriment, and unpaid holiday pay under the Working Time Regulations 1998 against MAR Facilities Support Services Ltd. The matter was heard at the Central London Tribunal on 7-10, 13-14 January 2025 before Employment Judge Woodhead sitting alone, with the hearing listed for liability only. The Respondent's pleaded reason for ending the engagement was 'some other substantial reason', namely that its client SISTV refused to allow the Claimant to clean at their site and the Claimant refused to work at the alternative client site proposed by the Respondent; there was also a dispute as to whether the Claimant resigned on 19 May 2023 or was dismissed with an effective date of termination of 20 July 2023.

The Tribunal held that the complaint of unfair dismissal was well-founded and that the Claimant had been unfairly dismissed. The complaint in respect of holiday pay was also well-founded, the Tribunal finding that the Respondent had failed to pay the Claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The complaint of being subjected to detriment for making a protected disclosure was not well-founded and was dismissed.

As the hearing was listed for liability only, the judgment does not set out a quantified remedy. The List of Issues recorded in the appendix flags the standard remedy questions for unfair dismissal, including Polkey-type considerations, ACAS Code uplift or reduction (up to 25%), contributory conduct, and application of the statutory cap of 52 weeks' pay or £105,707.