Claimant v Adugs Foods Ltd

The tribunal found the claimant was dismissed (not resigned) when the employer asked him to return company property after refusing to write a resignation letter. The respondent neither pleaded nor adduced any evidence of a fair reason for dismissal, and the employer expressly stated he did not intend to dismiss for capability.

The tribunal found the claimant was dismissed without notice. With three complete years' service, he was entitled to three weeks' notice under s.86 ERA 1996. The respondent did not suggest the claimant committed gross misconduct that would justify summary dismissal.

The tribunal calculated that in the final holiday year (25 June 2024 to 16 August 2024), the claimant had accrued 4 days of holiday but had already taken 5 days in July 2024. Therefore there was no untaken accrued holiday at termination, and the claim failed.

The tribunal found that when proceedings began, the respondent was in breach of its duty to provide written statement of employment particulars under s.1 ERA 1996. The respondent admitted this breach and never provided written particulars throughout the claimant's employment from June 2021.