Mr D Wright v Securitas Security Services (UK) Limited — 2022

The Claimant was employed as a relief security officer and resigned on 8 March 2021. He alleged constructive unfair dismissal based on insufficient notice to return from furlough, being treated as absent without leave and threatened with disciplinary action, and the Respondent's alleged failure to engage with ACAS early conciliation. The tribunal found that none of these matters amounted to a breach of contract, let alone a fundamental breach.

The tribunal found that the Claimant's role required considerable flexibility and that he had a contractual obligation to provide availability for shifts. It found that after furlough ended in June 2020 he did not provide availability for work, used his remaining holiday entitlement, received state benefits, and sought to be re-furloughed. The tribunal found the Respondent had attempted to obtain his availability, understand his circumstances, and facilitate a return to work, including by offering on-the-job training and asking for shifts that could accommodate his childcare responsibilities.

The tribunal dismissed the pay-related claims. It found the Claimant had no entitlement to wages for June 2020 to March 2021 because he had undertaken no shifts and was not entitled to pay where he did not work. It also found that his 2020 holiday entitlement had been paid, that he had accrued no holiday entitlement in 2021 while on unauthorised absence, and that he was not entitled to notice pay because he resigned and had not been constructively dismissed.