Mr A Humphreys v Anderbury Ltd — 2023

The tribunal held that Mr A Humphreys was unfairly dismissed by Anderbury Ltd. It rejected any reduction of a basic or compensatory award on the ground of the claimant's alleged conduct. It also found that, if the respondent had acted fairly, the claimant's employment would inevitably have continued until 27 May 2023, with a 25% chance of continuing indefinitely beyond that date and a 75% chance of fair dismissal on 27 May 2023. Any compensatory award would also be increased by 25% under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 because of the respondent's unreasonable failure to follow ACAS Code of Practice 1: Disciplinary and Grievance Procedures.

On the contractual claims, the tribunal found that the respondent breached the contract of employment by failing to give 3 calendar months' notice of termination and by failing to pay one day's accrued annual leave on termination. It said any damages for the notice claim would be calculated to restore the claimant to the position he would have been in had he been given 3 calendar months' notice, with credit for the 12 weeks' pay already made. The tribunal also found there was no oral agreement entitling the claimant to payment for additional days worked either before or after the withdrawal of his notice in June 2022, so no breach was made out in relation to those days.

The tribunal further found that the respondent did not refuse to permit the claimant to exercise his rights to a daily rest break or a weekly rest break. It made no award under section 38 of the Employment Act 2002 because the respondent had complied with section 1 of the Employment Rights Act 1996 and, in any event, exceptional circumstances made an award unjust and inequitable. This judgment did not record a final monetary total; it set out liability findings and the basis on which any later remedy would be assessed.