Claimant v Golf Leisure Limited
Outcome
Individual claims
Claimant raised concerns about national minimum wage on 12 January 2024 but tribunal found principal reason for dismissal was his attitude, criticism of the business externally, and seeking employment with third party introduced by his manager, not the raising of minimum wage concerns.
Facts
Claimant worked as assistant PGA professional at golf club for 16 months earning £20,000 annually plus commission. He was historically underpaid (below minimum wage) until February 2023 when new commission structure rectified this. In January 2024 a further commission structure change caused him concern he might fall below minimum wage again. He raised this with his manager on 12 January 2024. Shortly after, the manager learned claimant was seeking employment elsewhere and criticising the respondent to a third party contact. Claimant was dismissed on 25 January 2024.
Decision
Tribunal found claimant did take action to secure benefit of national minimum wage right, but this was not the principal reason for dismissal. Principal reason was his attitude, negative approach to the business, and his seeking alternative employment with a third party contact while criticising the respondent. Claim of automatic unfair dismissal under s.104A ERA dismissed.
Practical note
Even where an employee raises minimum wage concerns shortly before dismissal, the tribunal will closely examine whether that was the principal reason or merely part of a broader picture of management dissatisfaction with attitude and conduct.
Legal authorities cited
Statutes
Case details
- Case number
- 3201469/2024
- Decision date
- 27 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- Assistant PGA Professional
- Salary band
- £20,000–£25,000
- Service
- 1 years
Claimant representation
- Represented
- No