In person For the v Respondent — 2024

The claimant, a Service Manager at the respondent's Almington site, was assessed as failing seven of nine competencies during an interim probation review and was told on 22 March 2022 that his role would be terminated, with an unsuccessful internal appeal heard on 24 April 2022. The respondent conceded the unfair dismissal claim on the basis of two prescribed procedural defects. A central factual dispute was whether the claimant was dismissed at a meeting with Ms Shaw on 21 June 2022 or only by letter dated 1 August 2022; the tribunal preferred Ms Shaw's contemporaneous note and found the effective date of termination to be 21 June 2022.

The tribunal ordered specific disclosure of the claimant's contract with Centre Point and found, by reference to clause 2.4 (a whole-time obligation), that the claimant had begun full-time employment with Centre Point on 7 June 2022 while still being paid by the respondent on special paid leave. Employment Judge Forde found Ms Shaw to be a straightforward and reliable witness and the claimant to be combative and at times unreasonable, and rejected his account that he had been authorised to take up an exclusive full-time role with another employer. The breach of contract claim (notice pay and £400 bonus) and the unlawful deduction of wages claim (£1,548.10 for 7-21 June 2022) were both dismissed on the basis of these findings.

On remedy for unfair dismissal, the tribunal applied s.123(6) ERA 1996 and the Nelson v BBC (No.2) line of authority on contributory conduct, finding that the claimant's failure to disclose his concurrent employment with Centre Point was unreasonable and blameworthy and that he had attempted to mislead the respondent for personal gain. The tribunal ordered a 100% reduction in the compensatory award, so the claimant received £0, and recorded that all claims were dismissed.