Miss S Hunton v Uttoxeter Veterinary Practice Limited — 2025

Miss Sophie Hunton was employed by Uttoxeter Veterinary Practice Limited as a registered veterinary nurse from 30 May 2022 until 29 February 2024. Employment Judge Walker, sitting alone at Birmingham on 29-30 May 2025, dismissed her unfair dismissal claim, which had been advanced as automatic unfair dismissal under Part X ERA 1996 for asserting a statutory right. The respondent's counterclaim for breach of contract concerning lunch breaks and unreturned uniform was withdrawn on the morning of the first day of hearing and dismissed on withdrawal.

The judge found that the claimant's breach of contract claim succeeded: contractual wages and holiday pay due in February 2024 were not paid by the due dates, and the respondent did not dispute that the late payment in itself was a breach, although a correcting payment was made in September 2024. The claim concerning itemised pay statements under section 8 ERA 1996 succeeded in part: while pay slips left in the prep room and, from October 2022, sent by email satisfied the section 8 duty generally, the claimant received her pay statements after payment was made for the February 2023 and November 2023 pay periods, and she was entitled to a declaration to that effect.

On the section 1 ERA 1996 written statement of particulars, the judge preferred the claimant's evidence and found she did not receive her contract of employment until 1 March 2024. Although the respondent had been in breach of section 1, the breach was no longer continuing when the ET1 was presented on 20 March 2024, so the tribunal held it had no jurisdiction to make a financial award under section 38 Employment Act 2002. Remedy on the breach of contract claim was adjourned to a separate listed hearing.