Mr A Quin v Secureahome PVCU Ltd: 1602561/2020
JUDGMENT
[1]The claimant’s following claims are well-founded and succeed:1.1 The claimant was unfairly dismissed by the respondent on 15th August 2020;1.2 The respondent wrongfully dismissed the claimant on 15th August 2020, that is it dismissed him in breach of contract in relation to notice of termination;1.3 The respondent breached the claimant’s contract with regard to the payment of contractual commissions during the period 23rd March – 15th August 2021;1.4 The respondent made unauthorised deductions from the claimant’s wages during the period 23rd March – 15th August 2021;1.5 The respondent failed to pay to the claimant holiday pay in respect of 5 days holidays accrued but untaken at the date of his dismissal; Case No.:1602561/20201.6 The respondent failed to provide the claimant with written employment particulars;1.7 The respondent subjected the claimant to the following detriments on the ground that he sought to exercise his right to be accompanied at a grievance and/or disciplinary hearing:1.7.1 He was denied a disciplinary hearing prior to the decision to dismiss him;1.7.2 He was denied the opportunity to take part in a disciplinary process prior to his dismissal;1.7.3 He was denied the opportunity of resolving his grievances;1.7.4 He was denied the opportunity to appeal his dismissal.[2]The principal reason that the claimant was dismissed was his non-attendance at work on 15th August 2020 as demanded by the respondent, and not his assertion of statutory rights; his claim of automatic unfair dismissal fails and is dismissed.