Mr Yoosefinejad v East Space Limited — 2023

The claimant started employment on 1 April 2023 under a contract describing him as an Operations Director, with the respondent saying his title was General Manager. The contract provided for a three-month probationary period, 28 days' paid holiday, and 8 weeks' notice by the employer after the first six months' service. On 14 June 2023 Mr Edwards received verbal complaints and emails from staff about the claimant's hours, lack of physical presence at the venue, poor understanding of operations, lack of initiative, difficulties with finance and reporting, and handling of security issues. Mr Edwards dismissed the claimant that day and paid him to the end of June 2023.

On the notice pay claim, the claimant said he was entitled to 8 weeks' notice and that payment to the end of June showed the respondent had affirmed the contract. The tribunal accepted Mr Edwards' evidence that the principal reasons for dismissal were that the claimant was not doing his job and had lost the confidence and respect of his team. It found, on the balance of probabilities, that the claimant had committed a fundamental or serious breach of contract, which entitled the respondent to terminate immediately. The tribunal also rejected the argument that payment to the end of June amounted to affirmation, saying there was no ambiguity and citing Quilter v Falconer [2020] EWHC 3294, paragraph 121.

On accrued holiday pay, the claimant initially said he had accrued 7 days and taken 5 days, later accepted he had accrued 6 days and said he was owed 1 day's pay. The dispute turned on whether he took leave on Friday 26 May 2023. The tribunal accepted the respondent's evidence that he was at a festival and not at work on that day. The claim for accrued holiday pay was dismissed, and the opening judgment states that the claims for unauthorised deduction from wages, holiday pay and breach of contract were accordingly dismissed. No monetary award was made.