Claimant v Rendall and Rittner Operations Ltd
Outcome
Individual claims
Tribunal found reason for dismissal was misconduct — claimant's failure to follow reasonable instruction to return to work. Reasonable investigation conducted; claimant given opportunities to attend disciplinary but chose not to. Dismissal within range of reasonable responses. Claimant contributed 100% to dismissal by not attending disciplinary meetings.
Tribunal found respondent's instruction to return to work was reasonable. Claimant's explanation for not returning (alleged threat from resident) not credible. Claimant was guilty of the misconduct alleged as gross misconduct, justifying summary dismissal.
Tribunal found no complaint from resident of 2 Quarrion House and no conspiracy by manager Gavin Putney. If there was no complaint or conspiracy, there can be no detriment. Complaint regarding 5 Quassia House in May 2021: compelling evidence that manager was telling off the resident, not conspiring. No evidence of complaint or conspiracy in August 2021.
Claim re Christmas bonus 2020: claimant did receive bonus, no less favourable treatment. Claim re staff circular December 2021: no evidence claimant made contributions warranting acknowledgment. No reference to marital status in documents. Hypothetical comparator who was not married would have been treated the same. No less favourable treatment.
Claim re Christmas bonus 2020: claimant received bonus, no less favourable treatment. Claim re staff circular December 2021: respondent did not know claimant's race was 'Israelite', so treatment could not be because of that race. No evidence of contributions warranting acknowledgment. No less favourable treatment.
Claimant contractually entitled to 24 days per year if in attendance for full holiday year. Claimant dismissed 17 October 2022. Tribunal found claimant took 5.5 weeks annual leave and so had used up his entitlement. No outstanding annual leave on dismissal.
Re Christmas bonuses: claimant paid in December 2020; bonus discretionary so no contractual entitlement in 2021, no deduction. Re bereavement pay November 2021 and January 2022: claimant received full salary those months, no deduction. Re wages July 2022 onwards: claimant paid full salary July 2022 and paid for 1-17 August 2022; claimant not in attendance thereafter and did not fulfil contract, no entitlement to pay.
Claim for failure to provide written particulars of employment: as claimant not successful in any Schedule 5 claim, no award can be made under Employment Act 2002.
Facts
Claimant, a night concierge, was employed from December 2019 to October 2022. He made multiple complaints about management and residents, alleging health and safety failures and discriminatory treatment. Claimant raised a grievance and alleged he was not paid a Christmas bonus in 2020 and 2021, though tribunal found he was paid in 2020 and 2021 bonus was discretionary. In July-October 2022, claimant failed to attend work or disciplinary hearings despite multiple invitations. Respondent dismissed for failure to follow reasonable management instruction to return to work. Claimant alleged threat from resident made workplace unsafe, but did not report to manager or police and only raised at appeal. Claimant's conduct during hearing was disruptive: late attendance, argumentative, made threats to respondent's representative, and required multiple warnings.
Decision
Tribunal dismissed all claims. Unfair dismissal failed: reason was misconduct (failure to follow instruction to return to work), investigation reasonable, dismissal within range of reasonable responses. Wrongful dismissal failed: claimant guilty of gross misconduct. Discrimination claims failed: claimant received 2020 bonus; no less favourable treatment in 2021; respondent did not know claimant's race as 'Israelite'. Unlawful deductions failed: claimant paid; bonuses discretionary. Holiday pay claim failed: claimant had used entitlement. Detriment claim failed: no evidence of conspiracy by management. Most claims out of time; no just and equitable extension. Tribunal awarded respondent £40 preparation time order for claimant's unreasonable conduct (late attendance wasting tribunal time).
Practical note
A claimant who fails to attend work or disciplinary hearings without credible explanation, then raises a belated and unsubstantiated safety concern only at appeal, will not succeed in unfair dismissal — and may face costs for disruptive conduct during proceedings.
Adjustments
Tribunal concluded that even if dismissal were unfair, claimant would have been dismissed within 2 days (by 19 October 2022) in any event after investigation of safety matters
Claimant contributed 100% to his dismissal by not attending the disciplinary meetings
Legal authorities cited
Statutes
Case details
- Case number
- 3301571/2023
- Decision date
- 7 July 2025
- Hearing type
- full merits
- Hearing days
- 9
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Night concierge
- Service
- 3 years
Claimant representation
- Represented
- No