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Lettings negotiator wins unfair dismissal claim after breakdown in working relationship

Makbool Javaid, Partner - Simons Muirhead Burton

In Miss T Golding v Holland Properties Ltd a lettings and sales negotiator was unfairly sacked by East London-based property firm Holland Properties, an employment tribunal has ruled.

The tribunal found that Miss T Golding’s dismissal was not justified and could have been avoided.

Judge Illing said there was a breakdown in the working relationship between Miss Golding and managers at Holland Properties.

“I do not find that on balance of probabilities that the Respondent [Holland Properties] has shown that the dismissal was justified,” the judge said.

“I have found that the Claimant [Miss Golding] was minded to make the extra effort and had made the extra effort to engage with the Respondent, and if the Respondent had engaged with her, dismissal was avoidable both in the short and long term.”

Holland Properties was also found to have failed to offer Miss Golding a right to appeal against the dismissal in January last year.

The company of 15 employees describes itself as “the market leaders in sales and lettings in Canary Wharf and the surrounding Docklands areas”.

Miss Golding had worked for the company from 2015. New owners took over the business in June 2021.

“I conclude that the primary reason for the dismissal was … the breakdown of the working relationship”.

Judge Illing said: “I conclude that the primary reason for the dismissal was on the grounds of the breakdown of the working relationship”.

The judge will decide on the financial remedy for the unfair dismissal at a future hearing.

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