Contract of Employment : Sick Pay and Holiday Pay
CONTRACT OF EMPLOYMENT – Damages for breach of contract
UNFAIR DISMISSAL – Reasonableness of dismissal
UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal
WORKING TIME REGULATIONS – Holiday pay
VICTIMISATION DISCRIMINATION – Dismissal
The Appeal Tribunal dismissed an appeal against conclusions that the Appellant had not been dismissed by reason of a protected disclosure, and had not been unfairly dismissed. The Appeal Tribunal also dismissed an appeal against the Tribunal’s decision on the amount of holiday pay owing to the Appellant at the time of her dismissal.
On the protected disclosure dismissal claim, the Appeal Tribunal concluded that although the Employment Tribunal (‘ET’) had misdirected itself on the burden of proof, that misdirection had not been material. On the claim of unfair dismissal, the Employment Tribunal had taken account of all relevant matters, had provided sufficient reasons for its decision, and had reached a conclusion on the application of section 98(4) of the Employment Rights Act 1996which was reasonably open to it on a correct application of the law. The Employment Tribunal had correctly quantified the holiday pay claim.
 UKEAT 0091 – 18 – 2910
England and Wales
Updated: 26 December 2020; Ref: scu.634374