Mr R Johnston v Salop Caravans (Cosford) UK Ltd — 2019

This reserved judgment dealt with the claimant’s separate breach of contract claim about notice pay. The tribunal noted at the outset that it was in addition to an earlier judgment in the same case concerning unfair dismissal and unpaid holiday pay. The claimant, Mr R Johnston, had been dismissed by reason of redundancy and argued that his notice pay should have been calculated by including Saturday overtime because he said he was contractually obliged to work Saturdays on a rota basis.

The tribunal found that the claimant worked varying Saturday hours depending on whether a customer was collecting a caravan, sometimes for about 45 minutes and sometimes for up to five hours. It accepted the respondent’s evidence that there was no contractual requirement to work Saturday mornings, there were no other contractual documents showing such an obligation, and overtime was available only on an ad hoc basis. The claimant could agree or refuse it, and the tribunal found there was no regular pattern or expectation of overtime. On that basis, it held that Saturday work was not a term of the contract and that the claimant had no contractual entitlement to notice pay including Saturdays he did not work, so the breach of contract claim was dismissed.