In person For the v Mr Daniel Moreira, Chief Financial Officer — 2024

Mr Gregory Smith was employed as the respondent's Sales and Operations Director from 2 May 2022 under a written contract dated 4 April 2022. The contract provided for a salary of £65,000 per annum, notice by either party, and a governing law and jurisdiction clause referring disputes to the laws and courts of England and Wales. The tribunal found that the respondent intended to develop its business in England and Wales and that an English company, Evollu (UK) Limited, later handled payroll arrangements, but it was not in existence when the employment contract was made.

In June 2023 Evollu (UK) Limited failed to pay the claimant's salary as agreed, and he resigned on three months' notice while working out that notice in return for his normal pay. The respondent argued that it had contracted on behalf of Evollu (UK) Limited or that the contract had been novated to that company. The judge rejected both arguments, finding no indication in the written contract that the respondent acted for a third party, no documentary evidence of novation, and no evidence that the claimant agreed to substitute Evollu (UK) Limited as employer. The tribunal treated the payroll arrangement through Evollu (UK) Limited as an administrative mechanism only, not as a transfer of the employment relationship.

The tribunal held that the claim fell within the Employment Tribunal's jurisdiction under article 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 and that the claimant succeeded in breach of contract. The parties agreed the amount of the claim at £13,362.57, made up of unpaid net salary and expenses for July, August and September 2023 plus pension contributions for May to September 2023. The tribunal ordered the respondent to pay that net sum.