Ellert wins claim against ADL for unfair dismissal
An Employment Tribunal in Leeds has awarded Richard Ellert, former commercial director of ADL plc, £55,823.26 in compensation after his claim of unfair dismissal was upheld.
Mr Ellert, who now lives in Florida, USA, began working for ADL, an AIM-listed care home provider, in 2004. About two years later he informed ADL managing director Jeremy Davies that he intended to move to Florida.
In late 2006 Mr Davies told Mr Ellert that some ADL board members felt the market would not like a small AIM-listed company like ADL, whose business was UK-based, having an executive director resident overseas.
Mr Ellert was asked to resign but refused, saying he remained available to deal with telephone calls and emails in the afternoons (UK time) and he attended the company’s offices in Leeds for meetings as and when necessary. In February, 2007, ADL dismissed Mr Ellert, paying him £33,000 net in lieu of one year’s notice.
The Employment Tribunal found that, while ADL had had legitimate