Mr N Burnhope v Seaton Hospitality Limited — 2025

The claimant, head chef at the Roker Hotel (operated by the respondent following a TUPE transfer in October 2023), was dismissed for gross misconduct following an incident on 10 March 2024 in which undercooked turkey was served at a Mothers' Day carvery. The respondent accepted that conduct was the reason for dismissal, and the claimant accepted that conduct was a potentially fair reason; the dispute concerned section 98(4) ERA 1996 fairness. The tribunal found that the respondent did not have reasonable grounds for its belief in the alleged misconduct at the time that belief was formed, that the investigation was not reasonable, and that the decision to dismiss was outside the band of reasonable responses. The complaint of unfair dismissal was therefore upheld.

On remedy, the tribunal found the claimant had 18 years' continuous service and was aged 47, producing a basic award of £13,503 (21 weeks x £643 capped weekly pay). The tribunal concluded that the claimant's conduct in failing to properly brief and supervise a new chef, and his lack of control over the Alert 65 food safety processes, was culpable or blameworthy in the sense described in Nelson v BBC. A 60% reduction for contributory conduct was applied to both the basic award (s.122(2) ERA) and the compensatory award (s.123(6) ERA), as just and equitable. The claimant sought only loss of statutory rights (£400), reduced to £160. Total award: £5,561.20.

The claimant's wrongful dismissal / breach of contract claim relating to notice pay was dismissed on withdrawal.