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Tribunals award payouts in unfair dismissal cases across UK

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Tribunals award payouts in unfair dismissal cases across UK
Key Points
  • Lidl worker with ADHD wins £45,000 payout for unfair dismissal
  • Thai restaurant chef awarded €32,550 after dismissal over food safety allegations
  • Real estate manager gets nearly £400,000 for 827 unpaid holiday days

A former Lidl worker diagnosed with a fear of rejection will receive a £45,000 payout after successfully suing the retailer for unfair dismissal. Ryan Toghill was fired for gross misconduct after he was caught operating a forklift against the orders of his boss. A judge ruled Lidl failed to make adjustments for Mr Toghill's 'intense sensitivity' to rejection as a result of his ADHD, with the ruling stating he was diagnosed with ADHD in May 2022 and is acutely affected by the impression of being rejected, harassed or criticised. The specific adjustments Lidl failed to make for his condition have not been detailed in the tribunal findings.

In another hospitality sector case, a Thai restaurant chef who worked for over 10 years was unfairly dismissed after allegations of serving floor-dropped food, with the Workplace Relations Commission awarding him €32,550 (£28,429). The chef was dismissed for picking up food from the floor, which he subsequently cooked and served to a customer, as well as for using an incorrect technique when preparing roast duck. Whether the chef actually served floor-dropped food or if the allegations were disputed remains unclear from the tribunal documentation.

A real estate manager has been awarded nearly £400,000 after he accumulated 827 unpaid holiday days over 25 years. The Watford Employment Tribunal ruled that Mr Ageli was owed £392,000 for the accrued holiday, dating back to 1998. This substantial award highlights the potential consequences of long-term holiday pay mismanagement by employers.

A warehouse worker sacked for faking a bad back after his boss found videos of him 'dancing' as a reggae DJ has won over £30,000 in compensation. The tribunal ruled that while he was 'moving rhythmically from foot to foot,' Mr Wilson was not 'in any meaningful sense, dancing.' This case demonstrates how tribunals carefully examine evidence of alleged misconduct before upholding dismissal decisions.

A Nestle factory worker who was sacked after triggering a full production shutdown by allegedly vaping in a disabled toilet has won a £22,000 payout. Luke Billings set off the fire alarm at the food giant's facility in Tutbury, Staffordshire, in October 2023, triggering a full evacuation and halting work. The tribunal's decision to award compensation suggests the dismissal may have been disproportionate to the offense.

A therapist with endometriosis and tendonitis has won over £26,000 at an employment tribunal after she was fired for requesting ten-minute breaks between clients. Ms Butunoi was employed by Nurture Chiropractic Clinic Limited in Romford, Essex, between November 2020 and November 2022 as a soft tissue therapist. This case illustrates employers' obligations to accommodate workers with chronic health conditions.

A personal trainer sacked by David Lloyd gyms after he was accused of sexual harassment has lost a wrongful dismissal claim and been handed a £17,000 bill. Alex West was accused of sexually harassing several co-workers at a staff Christmas party in December 2021. This outcome shows tribunals can impose costs on claimants when they determine claims lack merit.

The highest we have achieved over the last three weeks is 39%, other weeks were 37% and 36%.

David Low, Assistant manager

In a separate whistleblowing case, David Low was studying architecture at Robert Gordon University. He hoped to pay his way through higher education by working for the firm and was promoted to store manager after being taken on in June 2023. A Robert Gordon University student has secured more than £11,000 in compensation following an employment tribunal ruling, with David Low holding positions at a Pizza Hut takeaway outlet on King Street in Aberdeen operated by Ultra Catering Ltd. He was awarded £11,270.14 after the tribunal determined his dismissal constituted unfair treatment of a whistleblower.

The training emphasised and highlighted the importance of food safety. Staff had access to an app called 'Hut Bot' developed by Pizza Hut, which required them to check the temperature of fridge freezers and the work table provided by Pizza Hut on which pizzas would be made. This system was designed to ensure compliance with food safety regulations.

David Low became concerned that actual temperature readings were not being taken and Hut Bot was filled in with inaccurate information. He regularly raised issues about the way the store was being managed with the firm's directors and raised concerns that basic hygiene rules were not being followed. He was anxious that he might become liable in some way for some of the poor practices he was observing if they led to food poisoning.

On April 29 2024, David Low told his superiors that he was going to step down as assistant manager. An employee had got burnt in the restaurant and no first aid was administered. Staff are entitled to a free meal after 6 hours work, and in April 2024, David Low became ill after eating some food in the store. He believed that he had food poisoning which had been caused by this meal, and at or about this time on a couple of occasions, customers had telephoned indicating that they'd felt unwell after eating the meals supplied.

David Low reported to bosses that cheese wedges had expired and had not been thrown out. He also reported that an open bag of pork had been left under the preparation table overnight instead of being refrigerated, and his texts about these issues were seen by the company's directors. David Low also complained about out of date salads, onions, tomatoes, mushrooms and peppers, said the make table wasn't cleaned, and noted that a number of staff had not been given training in food handling by April/May 2024.

Macaroni cheese which was supplied to the store had to be defrosted and then used within 2 days. David Low believed that macaroni cheese was often being used beyond this time to save it being thrown away. He also said food was being defrosted in the oven, which breached safety regulations. Whether these food safety violations were verified by health authorities remains unknown.

David Low did not believe that his employers were taking his complaints seriously. This led him to escalate his concerns with the franchise manager at Pizza Hut. The exact reasons for his dismissal and the employer's response to his whistleblowing claims have not been fully detailed in the tribunal ruling.

These cases reflect broader trends in employment tribunal rulings where workers are increasingly successful in claims related to disability accommodations, whistleblower protections, and holiday pay entitlements. The outcomes demonstrate tribunals' willingness to scrutinize employer decisions and award substantial compensation when dismissals are found unfair. The potential for appeals or further legal actions in these cases remains uncertain, as tribunal decisions can be challenged in higher courts.

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Tribunals award payouts in unfair dismissal cases across UK | Reed News