Case 2223944/2024 · Employment Tribunal
David Kawooya v Yarrow Housing Limited — 2025
- Case reference
- 2223944/2024
- Decision date
- 23 January 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Bunting Appearances
- Venue
- London Central
Parties
2 namedClaimant
David Kawooya
Respondent
Key findings
Tribunal's reasoningThe claimant said he had booked and obtained approval for annual leave through the respondent's online system for periods in 2023 and early 2024, and that the respondent later removed or altered the relevant authorisation. The tribunal found no evidence that the respondent's witnesses had fabricated evidence or deleted data, and considered the late screenshots relied on by the claimant to be undated, without metadata, and insufficient to establish his account.
The tribunal found that the respondent genuinely believed the claimant had been absent without authorised leave in January 2024, that the belief was based on reasonable grounds, and that the respondent carried out a reasonable investigation. It also found the disciplinary procedure was fair and that dismissal for gross misconduct was within the band of reasonable responses, taking account of the earlier warning and the respondent's conclusion that the conduct was wilful. The unfair dismissal claim was dismissed, while the holiday pay and notice pay claims were withdrawn and dismissed on withdrawal.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the unfair dismissal claim was not well founded and dismissed it. | Dismissed | — | — |
| Holiday pay | The claim for unpaid holiday pay was withdrawn and dismissed on withdrawal. | Withdrawn | — | — |
| Wrongful dismissal | The claim for unpaid notice pay was withdrawn and dismissed on withdrawal. | Withdrawn | — | — |
Legal tests applied
8 references- s.94 Employment Rights Act 1996
- s.95 Employment Rights Act 1996
- s.98 Employment Rights Act 1996
- British Home Stores v Burchell [1980] ICR 303
- ACAS Code of Practice on Discipline and Grievance Procedures 2015
- Taylor v OCS Group Ltd [2006] IRLR 613
- Sainsbury's Supermarkets Ltd v Hitt [2003] IRLR 23
- band of reasonable responses
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.