Working Time & Holiday Pay · year
2021
17 cases
Quality Assurance Technician (12 years' service) v Nestle UK Ltd
A Quality Assurance Technician with 12 years' service was unfairly dismissed after a breakdown in working relationships, but the tribunal found he contributed 100% to his dismissal and would have been dismissed anyway, resulting in no compensation.
Partial · Dec 2021Partial—Dec 2021Locum ENT doctor v Royal Cornwall Hospital NHS Trust
A locum ENT doctor at Royal Cornwall Hospital NHS Trust lost her race discrimination and harassment claim after the tribunal found her contract was ended due to COVID-19 financial pressures, not her race.
Lost · Dec 2021Lost—Dec 2021Estate Manager v Juniper Hill Ltd
An Estate Manager who was dismissed days before reaching two years' service lost his unfair dismissal claim because the tribunal found the effective date of termination was before the qualifying period.
Dismissed · Nov 2021Dismissed—Nov 2021Caretaking couple / Head of Maintenance v Kasteel Collection Ltd
A caretaking couple who had £700 a month deducted from each of their wages for accommodation were awarded £7,184 after a tribunal found the deductions breached National Minimum Wage rules and their contract.
Partial · £7,184 · Nov 2021Partial£7,184Nov 2021Team Leader Track Inspections (safety critical role, managing 12 colleagues) v Network Rail Infrastructure Ltd
A team leader at Network Rail was unfairly dismissed after a flawed drug and alcohol test failed to account for his undiagnosed medical condition. The tribunal ordered reinstatement, which the employer refused, leading to a compensation award of £89,861.86.
Won · £89,862 · Nov 2021Won£89,862Nov 2021Manager and fryer at fish and chip shop (4 years' service) v Best British Fish Ltd
A manager and fryer at a fish and chip shop was automatically unfairly dismissed after her employment transferred to a new owner, who told her there was no work. The Watford tribunal awarded £7,828 in compensation.
Won · £7,829 · Sept 2021Won£7,829Sept 2021Takeaway food shop worker (2 years' service) v Bagelmania London Limited (in liquidation)
A pregnant takeaway shop worker was dismissed after her employer removed her from the rota, then faced a county court claim and threats of police action when she contacted ACAS. The tribunal awarded £40,000 for unfair dismissal, pregnancy discrimination and victimisation.
Partial · £40,000 · Jul 2021Partial£40,000Jul 2021Former employees (redundant) v Drinkmaster Ltd (In Voluntary Creditors’ Liquidation)
An employment tribunal has ruled that Drinkmaster Ltd failed to consult employees before making more than 20 staff redundant, and made a protective award of 90 days' pay.
Won · Jul 2021Won—Jul 2021Security officers v Croma Vigilant (Scotland) Ltd
Seven security officers unfairly dismissed by Croma Vigilant (Scotland) Ltd after a TUPE transfer were awarded compensation when the employer failed to reinstate them as ordered by the tribunal.
Won · Jul 2021Won—Jul 2021Labourer (3 years' service) v Staton Young (Anglesey) Limited
A labourer with three years' service was unfairly dismissed when his employer summarily ended his employment due to lack of work, without following any redundancy procedure. The tribunal awarded £5,600 in compensation.
Partial · £5,600 · Jun 2021Partial£5,600Jun 2021Cleaner (29 years' service) v Miss B Gurney, Merali's Limited, Fordover Services Limited
A cleaner who worked for 29 years cleaning common parts of a building was found to be genuinely self-employed, meaning the tribunal had no power to hear her unfair dismissal and discrimination claims.
Dismissed · Jun 2021Dismissed—Jun 2021Finance Officer (bookkeeper/accountant) v Stratford Advice Arcade (A company limited by guarantee)
A tribunal ruled that a finance officer who worked for eight years on a freelance basis was a 'worker' but not an 'employee', meaning he can pursue claims for holiday pay and unlawful deductions but not unfair dismissal.
Partial · May 2021Partial—May 2021Service desk consultant (IT help desk, 12-hour shifts) v Intergence Systems Limited
An IT help desk consultant was unfairly dismissed after her employer caved to client pressure following a missed handover email. The tribunal awarded £10,787.47, reduced by a third for her own fault.
Partial · £10,787 · May 2021Partial£10,787May 2021Former employee v ISS Facility Services Ltd
A former employee's unfair dismissal claim was struck out after they repeatedly failed to comply with case management orders and missed a deadline to respond to a strike-out application. The tribunal also refused a later request to reconsider the decision.
Dismissed · Apr 2021Dismissed—Apr 2021Site Supervisor (16 hours/week, also undertook building contracting work) v London Borough of Newham
A site supervisor who resigned after his employer insisted he take holiday only during school term time and launched disciplinary action has won his constructive unfair dismissal claim. The tribunal awarded £15,444.86.
Won · £15,445 · Mar 2021Won£15,445Mar 2021Former employee v Dar Corporation Ltd
A former employee was unfairly dismissed by Dar Corporation Ltd and awarded £6,320.60, including unpaid holiday pay and notice pay.
Won · £6,321 · Feb 2021Won£6,321Feb 2021Medical doctor (diet clinic) v The Fine Clinic Limited
A medical doctor at a diet clinic was found to be a worker rather than an employee, meaning her unfair dismissal claim failed. However, her whistleblowing claim was allowed to proceed, subject to a £50 deposit order.
Partial · Feb 2021Partial—Feb 2021
