Miss. P Rodrigues First v D Brice and Company Ltd T/A D B Services Second Respondent: Busy Bee Cleaning Services Ltd T/A BBCS — 2023

The tribunal refused both parties' applications to strike out the responses or the claim for failure to comply with case management orders. It also recorded that, after the first respondent withdrew its allegation that the claimant had not transferred to it under TUPE from the second respondent, the claim against the second respondent was dismissed with the consent of all parties.

On the merits, the tribunal found that the claimant had not been discriminated against on grounds of race and dismissed that claim. It also found that the respondent did not dismiss the claimant, either directly or constructively, so the unfair dismissal and wrongful dismissal claims were dismissed. The tribunal further found that the claimant resigned from her position by way of her conduct, and on that basis the notice pay claim was dismissed.

The tribunal held that the claim for unpaid holiday from 2018 was out of time and dismissed that element. It found, however, that the claimant was owed 5 days of holiday from 2021 that had accrued but remained unpaid, and ordered the respondent to pay £224 gross of tax for that unpaid holiday pay.