Claimant v Kury UK Ltd
Outcome
Individual claims
The tribunal held there was no dismissal applying Marshall (Cambridge) v Hamblin. The claimant had resigned giving notice, and the employer exercised a contractual PILON clause to bring the employment to an earlier end. The employer's conduct only altered the date on which the prior resignation took effect, it did not constitute dismissal.
The tribunal found the contract continued after the first visa expired, as evidenced by the respondent procuring a second visa and the claimant continuing to work on the same terms. The contractual clause permitting reimbursement of unused visa costs therefore remained valid and the deductions from salary were lawful.
The respondent failed to inform the claimant that untaken statutory leave would be lost if not taken, in breach of Regulation 13(16)(c) WTR. Under Regulation 13(17), the claimant was entitled to carry forward all untaken statutory leave. The tribunal calculated 26 days accrued but untaken over 2021-24, of which only 10 were paid, leaving 16 days outstanding.
Facts
The claimant, a Chinese electrical engineer, worked for the respondent from July 2021 to October 2024 under a skilled work visa. He resigned on 10 October 2024, claiming 62 days unpaid holiday and disputing reimbursement of visa costs. On 30 October 2024, the claimant sent an aggressive email to 30 recipients including colleagues, former colleagues, and senior client personnel, threatening legal action and reputational damage. The respondent exercised its contractual PILON clause to terminate the employment with immediate effect on 31 October 2024.
Decision
The tribunal dismissed the unfair dismissal claim, finding no dismissal occurred under Marshall (Cambridge) principles as the employer merely invoked a contractual PILON clause after the claimant had resigned. The unlawful deduction claim failed as the contract continued and visa reimbursement clauses remained valid. The holiday pay claim succeeded because the respondent failed to warn about loss of untaken statutory leave, entitling the claimant to 16 days accrued holiday pay totalling £4,169.23.
Practical note
Exercising a contractual PILON clause after an employee has resigned does not constitute dismissal, but employers must comply with WTR requirements to warn employees about loss of untaken statutory leave or face carrying-forward obligations.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1400077/2025
- Decision date
- 5 December 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Kury UK Ltd
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Electrical Engineer
- Service
- 3 years
Claimant representation
- Represented
- No