Mrs N Gwynne T/a The Hafod Hotel

Case Summary

The claimant worked as a Front of House Coordinator at the Hafod Hotel from March 2023 to May 2025. The tribunal found the claimant was unfairly dismissed for misconduct, with a 20% contributory conduct reduction applied and a 15% uplift for the respondent's failure to comply with the ACAS Code. The tribunal upheld claims for wrongful dismissal and unlawful deduction from wages regarding unpaid holiday pay, but dismissed the claim regarding the £500 deduction.

The tribunal found the claimant was unfairly dismissed because, although the respondent had a potentially fair reason (misconduct), the respondent acted unreasonably in its investigation and disciplinary procedure, failing to comply with the ACAS Code of Practice. The claimant was found to have contributed 20% to his dismissal through his own blameworthy conduct. The tribunal upheld wrongful dismissal and holiday pay claims as the respondent failed to pay accrued but untaken leave, but dismissed the £500 deduction claim as the claimant had requested this as a loan/advance.

• •Employment status and continuous employment
• •Unfair dismissal - reason for dismissal and fairness of procedure
• •ACAS Code of Practice compliance and uplift
• •Contributory conduct reduction
• •Wrongful dismissal and notice pay
• •Holiday pay - accrued but untaken leave
• •Unlawful deductions from wages - £500 deduction

1 EMPLOYMENT TRIBUNALS Claimant: Mr G Walczynski Respondent: Mrs Nicol Gwynne T/A The Hafod Hotel Heard at: by video On: 11 to 12 December 2025 Before: Employment Judge Othen Representation Claimant: In person. Respondent: In person. RESERVED JUDGMENT 1. The claimant was unfairly dismissed by the respondent. 2. The claimant contributed to his dismissal to the extent of 20%, to be applied to the basic and compensatory award for unfair dismissal. 3. The claimant's compensatory award for unfair dismissal should be increased by 15% to reflect the respondent's unreasonable failure to follow the Acas Code of Practice on Disciplinary and Grievance Procedures. 4. The claimant’s complaint of wrongful dismissal is well-founded and is upheld. 5. The respondent made an unlawful deduction from wages by failing to pay the claimant in lieu of accrued but untaken holiday due on termination of employment. 6. The claimant's claim of unlawful deduction from wages regarding the deduction of £500 made to his wages on or around July 2025 is not upheld and is dismissed. 7. The Tribunal will decide the remedy for the above claims at a further hearing to be notified to the parties. REASONS Introduction 8. The claimant brings a claim of unfair dismissal within section 98 of the Employment Rights Act 1996. He also claims wrongful dismissal and unlawful deductions from 2 wages, both in respect of accrued but untaken holidays and for a specific sum of £500 which was deducted from his final wages 9. The respondent contests the claim. She says that the claimant was employed from 1 February 2024 to his effective date of termination of 14 May 2025 and as such, had insufficient continuity of service to be eligible to bring a claim of unfair dismissal. In any event, she asserts that he was fairly dismissed for misconduct. She denies that the claimant is owed any outstanding h…