Esther Marshall
Employment Advice
Tribunal Awards £61,000 for Unfair Dismissal After Remote Working Dispute
A former UK field sales manager has successfully claimed unfair dismissal after being terminated for working remotely from Egypt, securing a compensation award of £61,000.
Tanveer Shah, based in the Vale of Glamorgan, was employed by Food Hub, a food delivery platform headquartered in Stoke-on-Trent. Mr Shah had rapidly progressed within the company, rising from field sales executive to UK field sales manager by mid-2021.
Following a two-week holiday in Egypt, Mr Shah tested positive for Covid-19 at the airport and was unable to return to the UK. He informed Food Hub’s HR department immediately and remained abroad while recovering. Despite this, the company later dismissed him for allegedly failing to comply with a “reasonable management request” to work in the field.
The Birmingham Employment Tribunal heard that Mr Shah’s role required him to spend at least four days per week in the field, providing leadership and support to his team. Concerns were raised internally when it was noted that Mr Shah had submitted fewer travel expense claims than his peers, prompting CEO Adrian Mula to arrange a meeting.
During that meeting, Mr Mula dismissed Mr Shah on the spot. Although Mr Shah was briefly reinstated pending a disciplinary process, the company ultimately upheld the dismissal.
Employment Judge David Maxwell found significant procedural flaws in the company’s handling of the matter. He noted that a business partner had acknowledged the initial dismissal was likely to be deemed unfair and had orchestrated a process designed to appear fair while reaching the same outcome.
Mr Shah described the dismissal as underhanded, citing his strong performance and rapid career progression. “I worked my socks off and broke sales records. After all that, would I really neglect my duties by working from Egypt?” he told the tribunal.
Now unemployed, Mr Shah expressed hope that the tribunal’s findings would not hinder future employment opportunities.
Esther Marshall, a Member and Employment Law Specialist, said:
“Cases touching upon issues that arose during the pandemic are continuing to trickle through the Employment tribunal. In this case, the Tribunal took into account the fact that Mr Shah was prevented from returning to the UK due to Covid restrictions, and that he had immediately informed his employer. The Tribunal also found fault with the procedure followed by the employer. This case reminds us that it is vital that dismissals are both procedurally and substantively fair. Taking advice from an employment law specialist during the process can help employers to avoid costly mistakes.”