Claimant v Off Broadway Limited

The tribunal found the dismissal procedurally unfair. The employer failed to conduct a reasonable investigation — did not speak to employees present before dismissing them, did not check till receipts, and dismissed without giving the claimant an opportunity to state his case before the decision was made. The offer of a meeting after dismissal did not cure these fundamental defects, especially given the employer's closed mind expressed in the dismissal letter. However, the tribunal found an 80% Polkey reduction and significant contribution reductions applied.

The tribunal found on the balance of probabilities that the claimant was guilty of gross misconduct. He was the designated premises supervisor and was supervising the bar during two serious breaches of Covid-19 curfew rules on 28 October and 4 November 2020. On 28 October drinks were sold after the 10pm curfew; on 4 November customers remained in the bar until at least 10.25pm. This conduct was a fundamental breach of trust justifying summary dismissal, especially given the public health context, risk of fines, and lack of remorse.

The wrongful dismissal claim (notice pay claim) failed because the tribunal found the claimant was guilty of gross misconduct which entitled the respondent to dismiss without notice.

The claimant succeeded in recovering accrued but untaken holiday pay for 3 days from the 2020/21 leave year. The claim to carry over holiday from 2019/20 failed because the tribunal found it was reasonably practicable for the claimant to take holiday during that year — he was master of his own timetable as manager, and even during Covid restrictions there were sufficient opportunities to take leave or arrange temporary cover.