Case 2501446/2020 · Employment Tribunal
Mr K Allan v Recyke y’ Bike Ltd — 2020
- Case reference
- 2501446/2020
- Decision date
- 2 December 2020
- Jurisdiction
- England & Wales
- Venue
- Newcastle Hearing Centre
Parties
2 namedClaimant
Mr K Allan
Respondent
Key findings
Tribunal's reasoningMr Allan was dismissed on 2 May 2020 after he allowed Mr Adam Laing onto the respondent's premises on 24 April 2020 after hours, during the period when the respondent was operating Covid-related restrictions. The respondent relied on conduct, including alleged lone-working breaches, concerns about sanitising and gloves, alleged dishonesty, and the use of stock for Mr Laing's bike repair. The tribunal held that the principal reason for dismissal was conduct for the purposes of section 98(2) ERA 1996, but went on to assess fairness under section 98(4) ERA 1996.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the dismissal unfair under section 98 ERA 1996, but also found the claimant contributed to his dismissal and assessed contributory conduct at 50%. Remedy was reserved to a later hearing, so no award was quantified in this judgment. | Upheld | — | — |
| Wrongful dismissal | The judgment describes this as a claim for wrongful dismissal/breach of contract. The tribunal held that the respondent had not proved a fundamental breach by the claimant, and said compensation would be limited to contractual notice. No monetary figure was determined in this liability judgment. | Upheld | — | — |
Legal tests applied
11 references- s.98(1) ERA 1996
- s.98(2) ERA 1996
- s.98(4) ERA 1996
- Abernethy v Mott, Hay and Anderson
- British Home Stores Ltd v Burchell
- Sheffield Health and Social Care NHS Foundation Trust v Crabtree
- Sainsbury's Supermarket v Hitt
- London Waste Ltd v Scrivens
- Taylor v OCS Group Ltd
- Nelson v BBC (2)
- Brito-Babapulle v Ealing Hospitals NHS Trust
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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