Mr D Simpson v XP Auto Ltd — 2024

Employment Judge Emery, sitting at Watford by CVP on 2 and 3 May 2024, found that the claimant was unfairly dismissed. The claimant resigned in response to the respondent's refusal from August 2023 to grant his requests for unpaid leave, having previously been granted such leave for around 2.5 years. The tribunal held that the contractual Absence policy gave the claimant a right to time off where requested in advance and where there was no specific business reason to refuse, and that the respondent did not properly understand the policy's contractual nature.

The tribunal concluded that the grievance was not properly considered and that the outcome was, in effect, predetermined because the respondent failed to recognise the contractual right under the Absence policy. The respondent's refusal of leave for the reasons it gave was conduct likely to destroy trust and confidence, and it had no reasonable cause to act as it did. The tribunal rejected the respondent's contention that the real reason for the claimant's resignation was that he had secured another role.

Applying the range of reasonable responses test, the tribunal found the respondent had not acted reasonably and that there was no fair reason for the dismissal. A basic award of GBP 1,335.00 was agreed (2 years' service x 1.5 x 3 x GBP 445). A compensatory award of GBP 848.49 was made for two weeks' net pay and employer pension contributions, the claimant having secured a new role shortly after his resignation.