Claimant v Single Homeless Project
Outcome
Individual claims
The respondent conceded the claim of unfair dismissal by virtue of two prescribed procedural defects in the probationary dismissal process. The tribunal accepted the concession but reduced the compensatory award to zero due to the claimant's conduct.
The tribunal found the claimant's employment was terminated on 21 June 2022 and not 1 August 2022 as the claimant contended. As notice pay was given from 21 June 2022, the breach of contract claim for non-payment of notice and bonus monies failed.
The tribunal found the claimant was working for Centre Point during the period of the alleged deduction and deliberately failed to disclose this to the respondent. The respondent was lawfully entitled to deduct pay for the period 7 June to 21 June 2022 when the claimant was absent because he was working for Centre Point.
Facts
The claimant was employed as a Service Manager by the respondent charity. Following an internal move to a new site, he was placed on probation and subsequently failed his probationary review. His employment was terminated on 21 June 2022. During the redeployment process while on special paid leave, the claimant accepted and commenced a full-time role with Centre Point on 7 June 2022 but failed to disclose this to the respondent despite being asked. The respondent discovered this via a reference request.
Decision
The tribunal found the claimant's unfair dismissal claim succeeded as conceded by the respondent, but applied a 100% reduction under s.123(6) ERA 1996 due to the claimant's culpable conduct in deliberately concealing his full-time employment with Centre Point while receiving special paid leave. The claims for breach of contract and unlawful deductions failed as the claimant was working for Centre Point during the relevant period.
Practical note
A successful unfair dismissal claim can result in zero compensation where the claimant's conduct is found to be culpable and blameworthy, such as deliberately misleading the employer for personal financial gain during a redeployment process.
Adjustments
The claimant deliberately failed to disclose his full-time employment with Centre Point to the respondent while receiving special paid leave during redeployment. The tribunal found this conduct to be unreasonable, blameworthy, and intended for personal financial gain. The claimant was found to have attempted to mislead the respondent. Under s.123(6) ERA 1996, a 100% reduction was applied.
Legal authorities cited
Statutes
Case details
- Case number
- 3311586/2022
- Decision date
- 9 January 2024
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Service Manager
- Service
- 3 years
Claimant representation
- Represented
- No