In person, assisted by his Father For the v Mrs L Arnold, Head of HR — 2020

Mr Mathew Drever brought a monetary claim against Heritage Automotive Limited for breach of contract (wrongful dismissal) and unlawful deduction from wages. He had started work on 5 February 2019 as a Sales Operative, had completed probation, and his written terms provided for one week's notice after the first two years of employment. The notice clause also allowed the company to require him not to attend work during notice, while continuing normal pay and benefits.

The tribunal found that he was summarily dismissed on 17 December 2019 for underperformance. On the wording of the contract, the respondent could give notice and send him home during the notice period, but it could not summarily dismiss him and then rely on payment in lieu. The tribunal therefore held that he had been wrongfully dismissed in breach of contract.

Although the claimant was entitled to one week's notice, the respondent had already paid him salary and benefits up to and including 31 December 2019, which covered more than his notice entitlement. The tribunal also recorded that his outstanding commission was paid in January 2020. Because he had already been paid for the lost notice period, no compensation was awarded.