In person For the v Mr Alan Williams (Solicitor) — 2019

Mr U Ahmed was employed by Pars Freight Limited t/a Speedy Freight Oxford and Luton as a Transport Manager from 6 June 2016. The issue was whether his employment ended on 25 October 2019 by summary dismissal, as he said, or by resignation, as the respondent said. After the claimant returned from annual leave and learned that two colleagues had resigned, the tribunal accepted his evidence that he wanted to meet Mr Karami to discuss the situation, and it preferred the claimant's account and Mr Griffith's evidence over Mr Karami's account.

The tribunal found that Mr Karami told the claimant that he was fired, that he should gather his belongings and leave the premises immediately, and that the surrender of the office keys was an act of finality. It found that there was no ambiguity about the dismissal. It also found that the procedure was manifestly unfair, that there had been a total failure to comply with the Acas Code of Conduct, and that the reason for dismissal was that Mr Karami was annoyed with the claimant, which the tribunal found to be an unfair reason. The claim for unfair dismissal was therefore well founded.

On remedy, the claimant had not filed a schedule of loss, so the tribunal calculated compensation as best it could. It found that he was out of work from 25 October 2019 until 20 January 2020, that he had been paid until 31 October 2019, and that he obtained alternative employment on 20 January 2020 at a higher rate of pay. The basic award was calculated at 3 x £525 = £1,575. The compensatory award included £500 for loss of statutory rights and £5,386.99 for loss of earnings, and the tribunal then applied a 10% uplift because the Acas Code of Practice had not been followed. The total award was £8,050.69.