Mr Mark Holden (first claimant) Mr Christopher Holden (second claimant) v Mr Mark Corr (t/a The Strands Hotel) (first respondent) Mrs Lesley Corr (t/a The Strands Hotel) (second respondent) — 2023

The tribunal found that the claimants were engaged from 28 June 2018 as general assistants on 40-hour weeks and £400 per week each, rather than as the management couple they said had been offered. It preferred the respondents' evidence on the disputed documents and incidents and did not accept that the key health and safety or grievance letters had been shown to the respondents during employment.

For Mark H's whistleblowing and dismissal case, the tribunal found no qualifying protected disclosures under section 43B ERA 1996 and held that he resigned by email on 15 August 2018 after Chris H had been dismissed, rather than being dismissed himself. It also rejected the related detriment allegations, because it did not accept that the disclosures or the alleged retaliatory abuse occurred as claimed.

Chris H was dismissed on 15 August 2018 after the incident said to have occurred on 14 August 2018, but because he had less than two years' service he could not pursue ordinary unfair dismissal. Applying section 98(4) ERA 1996, the Burchell test and Polkey, the tribunal still held that he was entitled to one week's notice pay. Mark H was also found to be entitled to one week's notice pay because he had not been paid his contractual notice on resignation.

The discrimination claims all failed. The tribunal accepted that Mark H was disabled within section 6 Equality Act 2010 by reason of a stomach and back injury causing IBS and left leg pain, but found the respondents did not know of that disability at the material time. It held that the 'disgusting' perspiration complaint was a hygiene matter, did not accept the alleged spice incident or homophobic abuse as proved, and found no hostile environment, discrimination arising from disability, reasonable-adjustments failure, or victimisation.

The only monetary awards were notice pay of £400 gross to Mark H and £400 gross to Chris H, making a total award of £800. No injury to feelings award or other discrimination compensation was made, and the holiday pay and unlawful deduction from wages claims were dismissed.