Mr K McIntosh v Represented by:15 Mr Russell, Solicitor Pankhurst Decorators Limited — 2020

The claimant, Mr K McIntosh, brought a single claim of unfair dismissal against Pankhurst Decorators Ltd. The tribunal heard evidence from the claimant, Samantha Hall, and Mr Pankhurst. It preferred the evidence of Mr Pankhurst and Ms Hall to that of the claimant, and found that the claimant had not been dismissed on 30 January 2019.

The tribunal found that when the claimant phoned to say he had finished work at Stormont Avenue, Mr Pankhurst was annoyed because he considered the claimant should have warned him earlier. However, Mr Pankhurst had arranged for Darrion Eley to collect the claimant and take him to another job in Blairgowrie. On the tribunal's findings, Mr Pankhurst told the claimant to go with Darrion, and did not say any of the versions of words of dismissal attributed to him by the claimant. The tribunal also gave little weight to late-produced diary extracts said to record the event.

The tribunal further held that the claimant's own email of 8 February 2019 showed uncertainty about whether he had been dismissed, and that Mr Pankhurst told him on 12 February 2019 that he had not been dismissed and expected him back at work. That position was repeated at the meeting on 14 February and in the respondent's letter of 21 February 2019. The tribunal therefore concluded that the claimant had not been unfairly dismissed and dismissed the claim. It recorded that constructive dismissal was not part of the claim.