Ms E D’Aquino and Mr D Landolfi v v Hoxton Beach Ltd — 2021

Ms E D'Aquino and Mr D Landolfi worked for Hoxton Beach Ltd at the Clissold Leisure Centre cafe and, by the end of the employment relationship, the tribunal found they were in practice carrying out managerial roles. The claimants had asked for written contracts and clearer terms, and there were disputes about their roles and the effect of the new area manager's instructions, but the tribunal found those matters did not amount to a dismissal.

On the events of 3 and 4 November 2019, the tribunal held that the claimants' letters were resignations rather than grievances or requests for a different role. Mr Matthews was entitled to accept those resignations, and the tribunal found no evidence that they had been pressured to resign. It also rejected constructive dismissal: although Mr Matthews' management of staff matters was sometimes inconsistent and lacked clarity, the conduct found did not amount to a fundamental breach of the implied term of trust and confidence.

The unfair dismissal claim was therefore dismissed, and the breach of contract claim based on notice also fell away. The tribunal dismissed the claim for unpaid hours because it found the claimants were paid for the hours they recorded and there was no evidential basis for a further wages claim. It upheld the holiday pay claim, finding that the respondent's rolled-up holiday pay system did not pay the claimants their holiday entitlement, and listed that issue for a separate remedy hearing.

The pension-related unlawful deduction claim was withdrawn at the hearing. The tribunal also said that any section 38 Employment Act 2002 award for failure to provide written particulars would be determined at the remedy hearing.