Mrs Maria Dutton v HSBC Bank plc — 2023

The tribunal rejected the claimant's applications for anonymisation and postponement. It also struck out the 2019 holiday pay claim and the unlawful deduction claims relating to 2019 and 2020 payslips, finding that those complaints were presented outside the primary time limits and that it had been reasonably practicable to present them in time.

On unfair dismissal, the tribunal found that the respondent had shown capability, related to ill-health attendance, was the reason for dismissal. It found that the respondent had considered the claimant's attendance record, warned her about required improvement and the risk of dismissal, and acted within the band of reasonable responses in proceeding without further occupational health advice given the history of limited engagement and the information available. The tribunal concluded that dismissal was fair.

The breach of contract claims failed because the tribunal found the claimant had been paid her four weeks' notice pay and had not shown that the contractual process for reimbursement of the £129 expenses claim had been completed. The remaining holiday pay complaints failed because the contract distinguished annual leave from bank and public holidays, and the claimant accepted the respondent had discretion to reduce the 42 hours of holiday. The remaining unlawful deduction claims failed because no unauthorised deduction was found in the February or March 2021 payslips.