Mrs Y Spaven v Just in Case (Wine Merchants) Limited — 2023

The tribunal accepted that Mrs Spaven had sufficient continuous service to bring an unfair dismissal claim. It found that she had been continuously employed from April 2010 until 2022, and that the Respondent had not provided evidence to contradict her account of continuous service. The Respondent’s suggestion that there had been a break in employment was not particularised with dates, and the tribunal accepted the claimant’s evidence on this point.

On termination, the tribunal rejected the Respondent’s case that the claimant resigned in February 2022 or by asking for a P45 in May 2022. It found that the note relied on for the February date, saying she could not work because of health issues, did not amount to a resignation, and accepted the claimant’s evidence that she was unwell and providing fit notes. It also relied on the text exchange with the payroll manager, which showed the P45 being offered in the context of the claimant seeking SSP, and applied Bates v Brit European Transport Ltd for the proposition that a request for a P45, without more, is not evidence of resignation.

The tribunal accepted that the employment ended on 9 May 2022, but found that the claimant did not know she had been dismissed until she received HMRC correspondence dated 5 January 2023. It accepted her evidence that she did not receive the P45, that she had sought confirmation from the Respondent after HMRC told her in September 2022 that the Respondent said her employment had ended, and that in the context of a long employment relationship and long-term friendship it was reasonable for her not to assume she had been dismissed without being told.

Applying s111(2)(b) Employment Rights Act 1996 and citing Dedman v British Building and Engineering Appliances Ltd, the tribunal held that it was not reasonably practicable for the claim to be presented before 5 January 2023 and that the ET1 submitted on 13 February 2023 was brought within a reasonable further period. It therefore extended time for presentation of the unfair dismissal claim until 13 February 2023. No monetary remedy was awarded in this judgment.