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2205794/2019Partially Successful

Pizza Express (Restaurants) Ltd

12 February 2021England & WalesEmployment Judge Davidson
GOV.UK

Case Summary

The claimant was unfairly dismissed. His public interest disclosure claim and wrongful dismissal claim failed.

Key Issues

  • Whether the dismissal was fair or unfair
  • Whether the claimant made a protected disclosure under ERA section 43B
  • Whether the claimant was entitled to notice pay

Claim Types

Unfair DismissalWrongful DismissalBreach Of Contract

Decision Text

Case No: 2205794/2019 EMPLOYMENT TRIBUNALS Claimant: Mr A Mascia Respondent: Pizza Express (Restaurants) Ltd Heard remotely via CVP On: 8 February 2021 Before: Employment Judge Davidson Representation Claimant: in person Respondent: Mr M Foster, Associate RESERVED JUDGMENT The tribunal finds that the claimant was unfairly dismissed. His public interest disclosure claim fails and is hereby dismissed. His wrongful dismissal claim fails and is hereby dismissed. The parties should seek to agree remedy but if they are unable to do so by 30 March 2021, they are to notify the tribunal and a Remedy Hearing will be listed. REASONS The hearing 1. The following applied to this hearing: 1.1. The hearing was a remote public hearing, conducted using the cloud video platform (CVP) under rule 46. The tribunal considered it as just and equitable to conduct the hearing in this way. 1.2. In accordance with Rule 46, the tribunal ensured that members of the public could attended and observe the hearing. This was done via a notice published on Courtserve.net. No members of the public attended. Case No: 2205794/2019 1.3. The parties were able to hear what the tribunal heard and see the witnesses as seen by the tribunal. From a technical perspective, there were no difficulties. 1.4. No requests were made by any members of the public to inspect any witness statements or for any other written materials before the tribunal. 1.5. The participants were told that was an offence to record the proceedings. 1.6. Evidence was heard from the claimant, Mentor Mziu (Operations Manager) and Eloi Lorente (Operations Manager). There was a bundle of documents available electronically. 1.7. The tribunal ensured that each of the witnesses, who were all in different locations, had access to the relevant written materials which wer...

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Employer

Respondent

Pizza Express (Restaurants) Ltd

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Case Details

Case Number
2205794/2019
Decision Date
12/02/2021
Published
25/02/2021
Jurisdiction
England & Wales
Judge
Employment Judge Davidson