Solly worked as a night porter at a luxurious hotel and health club on the outskirts of Bruddersfield for four years. The club was owned by Fit4Pleasure Ltd and the Managing Director and major shareholder was Dez Moines. The hotel complex consisted of the main building containing the reception area, conference suites and restaurants, whilst the bedrooms, fitness suite and swimming pools were in separate buildings within the extensive grounds. The whole complex was under surveillance by numerous CCTV cameras which were linked to Dez’s home.
One of Solly’s duties was to take bags of laundry to the laundry room which was not covered by one of the cameras. Every time that Solly went off the view of the camera, Dez rang Solly on his mobile phone demanding to know where he was and what he was doing. One night, Dez was unable to contact Solly, so he decided to go to the hotel to see what Solly was up to.
Dez arrived at the hotel and found that Solly had not turned off the lights in the Fitness Suite. He shouted at Solly, “You’re obviously up to no good. Get out of here!” At this, Solly walked out of the Hotel and never returned.
Discuss whether or not Solly may make a claim for wrongful and unfair dismissal.