Case 3307567/2023 · Employment Tribunal
Mr S Eynollahi v Brent Community Transport — 2025
- Case reference
- 3307567/2023
- Decision date
- 20 October 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Quill
- Venue
- Watford
- Panel members
- Mr N Ramgolam, Mr R Jewell
Parties
2 namedClaimant
Mr S Eynollahi
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the Respondent unfairly dismissed the Claimant, the former CEO of Brent Community Transport, following an investigation into alleged unauthorised payments to himself. While dismissing a CEO for taking money from a charity could fall within the band of reasonable responses, the tribunal held the employer had no reasonable grounds for its belief in the Claimant's guilt and that the investigation was inadequate. Among other matters, Moses had signed off on the Claimant's payments year after year, the accounts had been repeatedly audited, and the Respondent failed to obtain input from appropriate experts such as its own auditors. Unfairness at the dismissal stage was not cured at appeal.
The breach of contract complaint succeeded because the Respondent did not prove the Claimant had acted dishonestly or so negligently as to lose his entitlement to notice. The holiday pay complaint succeeded only to the extent admitted by the Respondent, with a shortfall of GBP 58.02 on termination payments; the Claimant's wider argument that he was entitled to carry over more annual leave was not accepted.
The tribunal dismissed the race discrimination complaints and the public interest disclosure complaints, finding that the Claimant had not made the protected disclosures alleged and that neither his dismissal nor any detriment was because of protected disclosure or race. Remedy in respect of the successful complaints was reserved to a separate hearing.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Ordinary unfair dismissal under s.98(4) ERA 1996. Tribunal found the employer did not have reasonable grounds for its belief in the Claimant's guilt and that the investigation was inadequate; unfairness at the dismissal stage was not cured at appeal. Remedy deferred to a separate hearing. | Upheld | — | — |
| Whistleblowing | Tribunal found the Claimant did not make the protected disclosures alleged; dismissal was not because of protected disclosures and he was not subjected to detriments for protected disclosure. Section 103A not engaged. | Dismissed | — | — |
| Race discrimination | All race discrimination complaints failed and were dismissed, including allegations that dismissal or failure to reinstate were because of race. | Dismissed | Race | — |
| Holiday pay | Succeeds to the extent admitted by the Respondent: an underpayment of GBP 58.02 in payment in lieu of holiday entitlement on termination. Tribunal accepted the Respondent's calculations otherwise. Award rounded to integer GBP. | Upheld | — | £58 |
| Breach of contract | Respondent breached the Claimant's contract by dismissing him without notice; Respondent did not prove dishonesty or fundamental breach by the Claimant. Quantum to be determined at remedy hearing. | Upheld | — | — |
| Working time regulations |
Remedy
Monetary award- Total award
- £58
- across all upheld claims
Legal tests applied
13 references- s.98(1) and (2) ERA 1996
- s.98(4) ERA 1996
- band of reasonable responses
- s.122(2) ERA 1996
- s.123(6) ERA 1996
- s.103A ERA 1996
- ERA sections 43B and 43C to 43H
- section 123 Equality Act 2010
- section 111 ERA 1996
- section 48 ERA 1996
- section 23 ERA 1996
- Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
- Working Time Regulations 1998
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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