Mr C D Joo v Pan Asia GB Ltd — 2025

The Tribunal found the claimant's dismissal by Pan Asia GB Ltd to be unfair and awarded a basic award of £7,344, reduced to reflect the claimant's conduct before dismissal. The Tribunal concluded there was a 100% chance the claimant would have been fairly dismissed in any event, so no compensatory award was made. The holiday pay complaint was upheld: the respondent accepted accrued holiday pay had not been paid on termination, and the Tribunal calculated the sum due as £4,487.79 using gross pay and a leave year beginning on the anniversary of the claimant's employment (1 November).

The protected disclosure detriment complaints were dismissed. The Tribunal found that the conduct relied on, including the non-appointment of the claimant as a director, Mr Kim's email of 25 March 2021, the suspension and the disciplinary process, was not materially influenced (consciously or subconsciously) by the protected disclosures the claimant had made about Director Kim. The non-appointment element was also brought significantly out of time and the Tribunal declined to extend time, as no explanation for the delay was put forward.

The breach of contract claims were dismissed. The Tribunal found no contractually binding agreement that the claimant would receive shares; Mr Chung had expressed at most a general intention or expectation about possible future shares or a bonus arrangement, which fell well short of an enforceable agreement. The notice pay breach of contract claim was likewise not well-founded.