Case 2408078/2021 · Employment Tribunal
Mr G Constantinou v KRO Hotels Manchester Limited — 2023
- Case reference
- 2408078/2021
- Decision date
- 19 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sharkett
- Venue
- Manchester
- Panel members
- Dr B Tryol, Mr B Rowan
Parties
2 namedClaimant
Mr G Constantinou
Respondent
Key findings
Tribunal's reasoningMr G Constantinou brought claims against KRO Hotels Manchester Limited, heard at Manchester on 6, 7 and 8 June 2023. The tribunal found that the respondent was not entitled to dismiss him without notice or payment in lieu of notice, and recorded that the dismissal was wrongful. The claimant’s breach of contract claim for notice pay therefore succeeded, and the respondent was ordered to pay him the gross sum of £3,333.00, subject to the claimant accounting to HMRC for any employee tax or NI due on that amount.
The tribunal dismissed the claimant’s claim for payment in lieu of holiday accrued but not taken at termination and his claim for unlawful deduction of wages. It also found that the claimant made a protected disclosure on 24 May 2021, but the claim for automatic unfair dismissal under s103A ERA 1996 was dismissed. The written record included the standard interest notice under the Employment Tribunals (Interest) Order 1990, stating that the relevant decision day was 19 June 2023, the calculation day was 20 June 2023, and the stipulated rate of interest was 8% per annum if any award remained unpaid after 14 days.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | The tribunal found the respondent was not entitled to dismiss the claimant without notice or payment in lieu of notice, and recorded the dismissal as wrongful. No separate monetary figure was allocated to this finding. | Upheld | — | — |
| Breach of contract | Notice pay claim succeeded. The respondent was ordered to pay the claimant the gross sum of £3,333.00, with the claimant to account to HMRC for any employee tax or NI payable on that amount. | Upheld | — | £3,333 |
| Holiday pay | Claim for payment in lieu of holiday accrued but not taken at the date of termination was dismissed. | Dismissed | — | — |
| Unlawful deduction from wages | Claim for unlawful deduction of wages was dismissed. | Dismissed | — | — |
| Whistleblowing | The tribunal recorded that the claimant made a protected disclosure on 24 May 2021, but the automatic unfair dismissal claim under s103A ERA 1996 was dismissed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £3,333
- across all upheld claims
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.
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