Montpellier Land and Developments Ltd

Case Summary

The claimant was constructively and wrongfully dismissed. The tribunal upheld claims for holiday pay, unauthorised wage deductions, and unpaid wages which the respondent conceded. A whistleblowing detriment claim was dismissed as out of time. Compensation for unfair dismissal was subject to adjustments including a 25% reduction for conduct and a 15% uplift for ACAS Code breach.

The tribunal found the claimant was constructively and wrongfully dismissed because the respondent failed to comply with proper procedures. The whistleblowing detriment claim was dismissed as out of time and not reasonably practicable to have been presented within the limitation period.

• •constructive unfair dismissal
• •wrongful dismissal
• •holiday pay claim
• •unauthorised deductions from wages
• •unpaid wages
• •detriment for protected disclosure
• •breach of duty to provide written statement of employment particulars

EMPLOYMENT TRIBUNALS Claimant: Mr Neville Smith-Daniels Respondent: Montpellier Land and Developments Ltd Heard at: By video On: 16, 17, 18, 19 & 20 March 2026 Before: Employment Judge Oliver Representation Claimant: Mr Matthew Curtis, counsel Respondent: Mr Robin Smythe, director JUDGMENT 1. The Respondent conceded the following claims and I give judgment for the following agreed sums: a. The Respondent is to pay to the Claimant the sum of £2,899 in respect of the claim for holiday pay. b. The Respondent is to pay to the Claimant the sum of £39,414.68 in respect of the claim for unauthorised deduction from wages. c. The Respondent is to pay to the Claimant the sum of £560 in respect of unpaid wages (breach of contract). 2. The complaint of detriment for making a protected disclosure was submitted out of time and it was reasonably practicable for the claim to have been presented within time. The claim is dismissed. 3. The Claimant’s contract was terminated by way of resignation. 4. The complaint of constructive unfair dismissal is well-founded. The Claimant was unfairly dismissed. 5. The complaint of wrongful dismissal is well-founded. The Claimant was entitled to seven weeks’ notice. 6. Compensation for unfair dismissal is to be adjusted as follows: a. It is just and equitable to reduce the basic award by 25% because of conduct of the Claimant before the dismissal. b. There is a chance that the Claimant would have been fairly dismissed and any compensatory award should be reduced by 25%. c. The Acas Code of Practice on Disciplinary and Grievance Procedures 2015 applied in relation to the Claimant’s grievance. The Respondent unreasonably failed to comply with it and it is just and equitable to increase any award payable to the Cl…