Claimant v Mediscan Diagnostic Services Limited

Tribunal found claimant entitled to paternity pay (respondent's requirement for MAT B1 form was in the alternative and birthdate was provided), wages for April and May 2022 (timesheet requirement imposed retrospectively was not plausible), holiday pay (claimant worked during periods in August/September 2021 when on furlough and holidays were agreed but not taken), and recovery of bond payments made to Mr Usman (no evidence of genuine personal loan or contractual obligation to pay). Childcare claim failed as private arrangement with Mrs Noman, not part of employment contract.

Dismissal was for SOSR (expiry of fixed term contract). Tribunal found claimant was not made permanent despite letter of 30 March 2022. CQC suspension meant no work available and other staff had been warned to find alternative employment. While procedure was minimal (only informal 'bathroom meeting'), respondent had made claimant aware contract would not be renewed in dire circumstances of business suspension. Tribunal suggested 100% Polkey reduction would apply in any event as no alternative work available.

Although claimant was on fixed term contract (no statutory notice required), the employment contract itself provided for one month's written notice. Respondent failed to give written notice as required by the contract. Claimant entitled to notice pay under contractual terms which superseded statutory provisions.

Claimant's redundancy case was based on having been made permanent. Tribunal found he was not made permanent and remained on fixed term contract. Dismissal was for SOSR (expiry of fixed term contract) not redundancy.

Tribunal found claimant agreed to take 36 days holiday (18 in August, 18 in September 2021) but worked throughout and was unable to take them. Under Covid regulations (Working Time (Coronavirus) Amendment Regulations 2020), claimant entitled to carry over holidays into 2022. Five day payment in 2022 was described as notice pay, not holiday. Claimant entitled to outstanding holiday pay (exact amount to be determined at remedy hearing).