In person For the v Respondent — 2024

The claimant, an area manager dismissed on 1 August 2022, brought claims of ordinary unfair dismissal, automatically unfair dismissal for protected disclosures, and unpaid monies (bonus, expenses, wages and holiday pay). The respondent conceded sufficient continuous service for ordinary unfair dismissal jurisdiction. The tribunal upheld the ordinary unfair dismissal claim, applying the Burchell test and s.98(4) ERA 1996, but indicated that any compensatory award would be reduced by 25% to reflect the likelihood the claimant would have been dismissed in any event had the process been fair, and any basic and compensatory awards would be reduced by a further 50% for contributory conduct under s.122(2) and s.123(6) ERA 1996.

The automatically unfair dismissal claim based on protected disclosures was dismissed. The tribunal also dismissed the claims for an unpaid bonus of £2,000 (no contractual entitlement and the claimant was not retained to the relevant anniversary date) and unpaid expenses of £81.95 (no contractual entitlement and receipts not submitted at the relevant time).

The claim for unpaid wages and accrued holiday pay was upheld in the sum of £2,308.63 gross, comprising £923.04 for the suspension period (six working days at a daily rate of £153.84) and the balance for accrued but unpaid holiday entitlement. Remedy for the unfair dismissal claim was reserved to a separate hearing.