Paul Jackson v Park Holidays UK Limited — 2020

Paul Jackson was employed first as a Retail Team Member and then as Retail Manager at the St Osyth park. The tribunal found that the site was unsafe, that Mr Jackson had raised health and safety concerns after a serious assault on 21 July 2019, and that he had asked for measures including working locks, panic buttons, and additional security. Applying s.100(1)(c) ERA 1996 and the burden point from Smith v Hayle Town Council, the tribunal found he was dismissed because he brought health and safety concerns to the Respondent's attention by reasonable means. It rejected the Respondent's explanation that he was 'not a good fit', found no genuine misconduct or competency issue, and declined any Polkey reduction or ACAS uplift.

The tribunal rejected the wrongful dismissal / notice pay claim. It found that Mr Jackson's original contract gave him 1 week's notice, that no later agreement changed that position when he became Retail Manager, and that he was paid 1 week's pay in lieu of notice. It therefore held that the Respondent was not in breach of contract on the notice issue.

On wages, the tribunal found that Mr Jackson was willing and able to return to work from 26 July 2019 but was not given work until 12 August 2019. For that period it found a shortfall of £1,029.44 because he received only SSP when he should have been paid his normal net wages. It also rejected the pension deduction challenge, holding that although the enrolment information had not been provided in the way the Claimant said it should have been, the deductions were required by the automatic enrolment regime when made.

The tribunal also upheld the complaint about written particulars / statement of changes. It found that Mr Jackson had been promoted from seasonal Retail Team Member to permanent Retail Manager, that his pay and responsibilities changed, and that the Respondent did not give him a consolidated written statement of changes. It rejected the Respondent's reliance on the email signature and updated payslips, and awarded compensation at the higher rate of 4 weeks' wages, namely £2,076.92 gross. The judgment ordered a total payment of £6,229.43 net plus £3,106.36 gross, and for recoupment purposes recorded an unfair dismissal monetary award of £8,306.35, of which £6,229.43 was the prescribed element and £2,076.92 the excess.