Case 3306672/2019 · Employment Tribunal
In person For the v Mr Reeder, Director — 2019
- Case reference
- 3306672/2019
- Decision date
- 4 December 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Johnson Appearances
- Venue
- Cambridge
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningMs Devere worked for Oakfields (Easton Maudit) Limited as a Catering Manager/Kitchen Manager from 27 February 2018 until her dismissal on 18 December 2018. Her unfair dismissal complaint did not proceed because she did not have sufficient continuous employment. The tribunal therefore determined claims for breach of contract/wrongful dismissal, unlawful deductions from wages, and unpaid statutory annual leave.
On the wrongful dismissal issue, the tribunal accepted that the respondent had concerns about the claimant's failure to obtain Level 3 food safety certification and about the state of the kitchen after she left early on 5 November 2018. However, it found that the meeting arranged through Mr Quilter had not been clearly communicated as disciplinary, that the claimant left because she panicked and was anxious, and that the respondent had not proved conduct amounting to a repudiatory breach. The tribunal therefore held that the dismissal was wrongful.
On the money claims, the tribunal found that the respondent had not properly dealt with the claimant's backdated sick note and annual leave in November 2018, and that it owed her additional pay where there were issues with time sheets and deductions. The tribunal recorded that all successful claims would be quantified at a separate remedy hearing in Cambridge, so no monetary sum was fixed in the merits judgment.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | The tribunal treated this as the breach of contract/wrongful dismissal issue and found the claimant had not committed a repudiatory breach. It held the meeting on 5 November 2018 had not been clearly communicated as disciplinary, so the respondent was not entitled to summarily dismiss her. Remedy was deferred to a later hearing. | Upheld | — | — |
| Unlawful deduction from wages | The tribunal held the respondent had made unauthorised deductions within section 13 ERA 1996, including issues connected to unpaid sick pay and deductions from salary. The amount was not fixed in this judgment and was left to the remedy hearing. | Upheld | — | — |
| Holiday pay | The tribunal upheld the claim for failure to pay statutory annual leave entitlement under the Working Time Regulations. It found the respondent had not taken proper account of the backdated sick note, meaning annual leave in November 2018 was treated as sickness, and the amount due was left to the remedy hearing. | Upheld | — | — |
Legal tests applied
6 references- Employment Tribunals Extension of Jurisdiction Order 1994
- Delaney v Staples [1992] ICR 483 HL
- Neary v Dean of Westminster [1999] IRLR 288
- Shaw v B & W Group Ltd UKEAT/0583/11
- s.13 Employment Rights Act 1996
- regulations 13, 13A, 14 and 16 Working Time Regulations
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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