Hollowells Ltd

Case Summary

Mr Pipkin was dismissed for conduct on 8 April 2025 after approximately four years of employment with Hollowells Limited, a funeral service provider. He claimed unfair dismissal and alleged the respondent's real reason was to dismiss him before he could accrue two years' service. The tribunal found the dismissal was for conduct, followed a fair procedure within the band of reasonable responses, and dismissed his claim.

The tribunal found the reason for dismissal was conduct, and even if wrong, it was some other substantial reason (breakdown in working relationship). The dismissal was within the band of reasonable responses as the respondent conducted a fair investigation and disciplinary process, and the claimant chose not to appeal.

• •Whether dismissal for conduct was fair
• •Whether respondent failed to follow ACAS procedure
• •Whether real reason for dismissal was breakdown in working relationship or to prevent accrual of two years' continuous service

Claim No: 3302777/2025 1 EMPLOYMENT TRIBUNALS Claimant: Mr Simon Pipkin Respondent: Hollowells Limited Heard at: Watford On: 16-17 March 2026 Before: Employment Judge MJ Smith REPRESENTATION: Claimant: In person Respondent: Ms Jessica-Mae Scarborough-Lang (litigation consultant) RESERVED JUDGMENT 1. The claimant was an employee of the respondent at the relevant time. The claim for unfair dismissal was allowed to proceed. 2. The claimant’s claim for unfair dismissal is not well founded and is dismissed. REASONS Introduction 1. This is a claim for unfair dismissal within the meaning of section 98 of the Employment Rights Act 1996 arising from the claimant being dismissed on the basis of conduct. It is also alleged that the respondent failed to follow the ACAS process when dealing with the claimant’s investigation and disciplinary meetings. The Claim No: 3302777/2025 2 claimant alleged that the respondent’s real reason for his dismissal was due to wanting to terminate the claimant’s employment because his ‘face no longer fit’ the respondent’s business and / or to ensure that a dismissal occurred before he was able to accrue two years’ continuous service with them and stop his ability to bring an unfair dismissal claim. 2. The respondent is a funeral service provider which provides services to members of the public. It transports deceased persons to and from its premises, provides mortuary and funeral services. 3. The Claimant was employed by the respondent, as a driver bearer from 21 June 2021. He then began to work on the ‘on call’ team who worked out of office hours from August 2021. The claimant applied for and obtained a full-time role with the respondent starting on 2 May 2023. The claimant was summarily dismissed for conduct on 8 April 2025. 4. The claimant contacted early conciliation via ACAS on 14 April 2025 and the ACAS Certificate was issued on 20 May 202…