Case 4102188/2022 · Employment Tribunal
Mr R Devine v Telefonica UK Limited — 2022
- Case reference
- 4102188/2022
- Decision date
- 15 November 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge P O’Donnell
- Venue
- Glasgow
Parties
2 namedClaimant
Mr R Devine
Respondent
Key findings
Tribunal's reasoningThe claimant resigned after a disciplinary process concerning sales transactions in which customers were moved through mobile broadband device contracts and then to SIM-only contracts. The Tribunal found that the respondent had proper and reasonable cause to investigate anomalous transactions, that the investigation and disciplinary stages gave the claimant opportunities to respond, and that the claimant did not dispute carrying out the transactions or doing so to circumvent restrictions in the respondent's systems.
The Tribunal rejected the constructive dismissal case. It found no evidence that the respondent's actions were calculated to destroy the employment relationship and concluded that, individually and as a whole, the investigation, disciplinary outcome, final written warning, appeal process, and closer supervision after return to work did not amount to a repudiatory breach of the implied term of trust and confidence. There was therefore no dismissal within s95(1)(c) of the Employment Rights Act 1996, and the unfair dismissal claim was dismissed.
On holiday pay, the claimant had been paid for his 2022 pro-rated entitlement and for 30 hours carried over from 2021. The remaining dispute concerned 14 additional hours from 2021. The Tribunal found no contractual entitlement to carry those hours over and no evidence that the claimant had been prevented or deterred from taking annual leave; it concluded he chose not to take the leave, so the holiday pay claim was dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant alleged constructive dismissal under s95(1)(c) of the Employment Rights Act 1996. The Tribunal found there was no dismissal because the respondent had not committed a repudiatory breach of contract. | Dismissed | — | — |
| Holiday pay | The claimant sought payment for a further 14 hours of untaken holiday from the 2021 holiday year. The Tribunal found no contractual entitlement to carry over those hours and no basis under the Working Time Regulations to disapply the ordinary no-carry-over position. | Dismissed | — | — |
Legal tests applied
11 references- s95(1)(c) Employment Rights Act 1996
- Western Excavating v Sharp
- Malik v Bank of Credit and Commerce International SA
- Lewis v Motorworld Garages Ltd
- Kaur v Leeds Teaching Hospitals NHS Trust
- Blackburn v Aldi Stores Ltd
- s98 Employment Rights Act 1996
- Regulations 13 and 13A Working Time Regulations
- Regulation 14 Working Time Regulations
- NHS Leeds v Larner
- King v The Sash Window Workshop
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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