Mr P Henderson v Durham Indoor Bowling Club Community Association Limited — 2023

The claimant, Mr P Henderson, was employed as a General Assistant from 12 September 2022 and was dismissed on 24 January 2023. The tribunal found the reason for dismissal was conduct, specifically that he walked off shift on 17 January 2023 after having already received a formal written warning on 25 October 2022 about refusing to serve a customer, not accepting his line manager's decision, and walking out on shift. The automatic unfair dismissal complaint under s103A ERA 1996 therefore failed because the tribunal was not satisfied that the dismissal was because he had made a protected disclosure.

The tribunal accepted the respondent's holiday calculation and dismissed the Working Time Regulations complaint. It found that the claimant's annual leave entitlement for the 2022/2023 leave year was 7.35 days, or 58.8 hours, and that he had actually taken 8.25 days' paid holiday. On that basis, he had taken more than his pro rata entitlement and was not owed further holiday pay at termination.

On pay statements, the tribunal found that the respondent had not given the claimant itemised pay statements at or before payment, so that complaint was well-founded. However, it made no order for any sum because section 12(4) ERA 1996 only permits an award where there were unnotified deductions in the 13 weeks before the application, and none were found for the relevant period. The tribunal also found the respondent was in breach of its duty to provide written employment particulars when proceedings began, but held that section 38 Employment Act 2002 did not permit an award on these facts because the relevant jurisdiction was not within Schedule 5. The separate notice-pay / breach-of-contract complaint had been withdrawn after payment had been made, and was dismissed. No monetary award was made.