Claimant v Liqroo Ltd — 2019

Mr Urosa started work for Liqroo Ltd as Human Resources Manager on 1 March 2019. The judgment records that an earlier unfair dismissal complaint had already been dismissed by Judge Manley on 1 June 2020 because he did not have two years' qualifying service.

In this judgment the tribunal dealt with the claim for unauthorised deduction from wages under section 13 of the Employment Rights Act 1996. The respondent had intended to dismiss Mr Urosa on four weeks' notice for poor performance, but at the 12 July 2019 meeting Mr Urosa insisted on immediate payment of sums he said were due, sat between Mrs Kaur and the door, refused to leave until payment or a written guarantee was provided, and was removed by the police. The tribunal accepted the respondent's account of that meeting and the later emails and summary dismissal letter, and found that Mrs Kaur genuinely believed his conduct amounted to gross misconduct.

The tribunal held that the effective date of termination was 12 July 2019 because dismissal is only effective when known by the employee, and the claimant was aware from the meeting and his removal by police that his dismissal was immediate. On that basis, the claim for wages for the period after 12 July 2019 and for notice pay failed. The tribunal also rejected the claimant's holiday calculation, found that his claimed time off in lieu was in fact holiday entitlement under the contract, and said there was insufficient evidence to determine any further outstanding holiday payment. The judgment therefore dismissed the section 13 unlawful deduction from wages claim and recorded no monetary award.