Mr G Mason v Park Holidays UK Limited — 2020

Mr G Mason worked for Park Holidays (UK) Limited from 28 May 2012 to 10 March 2020 as Maintenance Supervisor at Steeple Bay Holiday Park. His contract said accommodation provided with the position could be withdrawn, but only after a period of consultation. After Maldon District Council refused planning permission in October 2019 for staff accommodation during the closed season, the tribunal found the respondent decided without consulting the claimant or any affected employee that only two staff could remain on site, and that the claimant was given only about two weeks to leave.

The tribunal accepted that the respondent knew the claimant's family circumstances, including his daughter’s significant learning disability and the time needed to arrange schooling and transport. It found there were no consultation documents, no job description for the proposed Siting Manager role, and no amended statement of terms. In February 2020 Mr Duffy discussed a transfer to Clacton, but on 28 February 2020 Mr Bush told the claimant he would not be doing a Siting Manager role and would instead be part of the siting team; the tribunal preferred the claimant’s account and found there was no misunderstanding.

The tribunal held that the respondent’s conduct from November 2019 to March 2020 breached the implied term of mutual trust and confidence, that the breach crystallised on or about 2 or 3 March 2020, and that the claimant did not affirm the contract. His resignation on 10 March 2020 was in response to that breach, so constructive unfair dismissal was upheld. The breach of contract claim in respect of notice pay was also upheld, and the tribunal said the claimant was wrongfully dismissed, but the amount of damages and any section 38 Employment Act 2002 award were left to the remedy hearing listed for 16 November 2020.