Mr J Sutton v Sequin Art Ltd Heard via CVP video link — 2023

Mr Sutton was employed by Sequin Art Ltd as Head of Sales from January 2019. The tribunal found that a new contract made in September 2020 validly extended his notice period to six months. It also found that relations within the company deteriorated after changes in control, grievances about Jonathan Marcus and Patricia Marcus were raised, and the grievance process became unsatisfactory because Jonathan Marcus would have been deciding complaints about himself.

The unfair dismissal claim succeeded. The tribunal found that the Respondent was in breach of the implied term of trust and confidence because it advertised sales roles and did not discuss the recruitment process with the Claimant, including a new sales manager post and a European sales/business development director role. It accepted that the Claimant made some insubordinate comments and that his remarks to Alison Cutter unsettled her, but held that the Respondent had already undermined the relationship and that there was no investigation, disciplinary hearing or appeal. The tribunal therefore made no Polkey reduction.

The wrongful dismissal claim also succeeded because the Claimant was entitled to six months' notice and the Respondent was not entitled to summarily dismiss him. The tribunal found that the Claimant's conduct justified a 25% reduction to both the basic and compensatory awards for contributory fault, particularly in relation to the April 2021 board meeting and the email referring to a "drive by shooting", but it did not reduce compensation further for the recording of the call or the fact that he sought legal advice. The claims for unlawful deductions from wages and holiday pay were dismissed upon withdrawal under Rule 52, and the matter was listed for a remedies hearing.