Mr D Dominguez Fenoy v Barracuda Catering (Park Mews) Ltd T/A North Sea Fish Restaurant — 2025

The claimant brought claims of detriment for making protected disclosures, ordinary and automatic unfair dismissal, and unlawful deductions from wages relating to tips and holiday pay. The protected disclosures alleged related to the claimant's belief that one of the respondent's owners was involved in the sale of cannabis on the premises. All claims were unanimously dismissed by Employment Judge Forde.

On unfair dismissal, the tribunal found the respondent dismissed the claimant on grounds of capability and that this fell within the range of reasonable responses. The tribunal found the respondent had attempted to consult with the claimant about his medical position but the claimant's refusal to engage prevented the respondent obtaining a medical or occupational health report. The respondent's belief in the claimant's incapability was found to be genuine and reasonable, and a fair procedure had been followed.

On the unlawful deductions claims, the tribunal accepted the respondent's evidence, supported by documentary and video evidence, that the claimant had received tips throughout his employment. On holiday pay, the tribunal accepted Ms Hester's evidence regarding the calculation of average hours and accrued leave, and found the claimant had been paid the holiday pay properly due to him.