Mr M Popa Ms E Cazan v Headset Sales Limited — 2020

Mr Popa worked for Headset Sales Limited as a Technical Engineer from 5 August 2015 until 28 November 2019. The tribunal found that, after Mr Keith Swindell became the day-to-day manager, the relationship deteriorated following disputes about overtime, hours, and the move from Unit 40 to Unit 5. It accepted the respondent's evidence that Mr Popa repeatedly refused instructions, called Mr Swindell a liar, accused him of racism, and behaved in a confrontational and intimidating way, while still finding that Mr Popa was a good worker in terms of the quality of his technical work.

The tribunal held that the dismissal was for some other substantial reason, namely an irretrievable breakdown in working relations, and that Mr Cross genuinely believed the relationship had broken down. It found that the respondent acted reasonably within section 98(4) ERA 1996, having given written allegations, the supporting statements, time to prepare, the right to be accompanied, independent HR involvement, off-site meetings, and an appeal. The dismissal fell within the range of reasonable responses for a small business of this size.

The tribunal also rejected the suggestion that the grievance had been malicious. It accepted Mr Popa's explanation that he withdrew the grievance because he did not want to get Mr Swindell into trouble as a foster carer. Because Mr Popa's unfair dismissal claim failed, no compensation was awarded, and the tribunal said that even if the claim had succeeded it would have reduced any award by 100% for contributory conduct.

Ms Cazan's unfair dismissal claim was struck out because she lacked the qualifying service needed to bring such a claim. Her separate holiday pay claim also failed: the tribunal found from the payslip and the HR schedule that five days' untaken holiday had been paid on termination, and that the letter referring to eight days included days already taken. No monetary award was made in relation to either claimant.