Allinson v Trinity Joinery Ltd (Jersey)

What was it about?

Wrongful dismissal, bank holiday pay, minimum rest periods


What was the outcome?

The wrongful dismissal claim was upheld as no notice was given contrary to the contract in place. As such, two weeks’ pay totalling £1,760.74 was awarded. As the Claimant received four per cent rolled-up holiday pay, the Tribunal determined that this should be included in the wrongful dismissal award.

The Claimant could not prove that he had worked on bank holidays; therefore, this claim was unsuccessful. Similarly, the Claimant was unable to demonstrate that the Respondent “required” him to attend work – as such, the Tribunal did not uphold the rest period claim.


What were the facts?

The Claimant was employed as a steel fixer. During his employment, the Respondent stated that the Claimant had taken extended periods of absence from work without giving any reason. However, things escalated on 1 October 2020, when the Claimant left work as usual but did not return. He also did not contact the Respondent to explain his absence. A few days later, the Claimant’s partner advised that the Claimant was unwell. The Respondent contacted the Claimant soon after to advise that he “was no longer required”.

The Claimant received no written notification of dismissal.

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