Ms C. Cole v Mr. N. Ismael trading as Honey Pots — 2019

Mr Ismael bought the business from Mrs Meade on 12 November 2018. Mrs Cole had worked there for 10 years, continued on a five-day week after the sale, and had nine days' accrued holiday outstanding. The tribunal found her unwritten terms transferred to Mr Ismael, including a gross weekly wage of £284.54, a daily rate of £56.91, and an entitlement to 28 days' annual leave in a leave year running from 1 April to 31 March.

The tribunal accepted the transcript and recording of the 8 December 2018 conversation. It found that Mr Ismael told Mrs Cole she was to reduce from five days to four days a week, with the possibility of two or three days in a later quiet period, and that if she was not happy she should 'go' and not come back. It held that this amounted to a dismissal because she would not accept a forced variation of her contractual hours, and that there had been no prior warning, no fair consultative procedure, and no definite alternative contractual terms offered.

The unfair dismissal claim succeeded and the basic award was assessed by reference to Mrs Cole's age of 47, 10 years' continuous employment, and gross weekly pay of £284.54, producing £3,699.02. The breach of contract claim for notice succeeded on the basis of 10 weeks' statutory minimum notice, producing £2,845.40. By concession, the tribunal also awarded £512.19 for nine days' accrued but untaken holiday, £58.73 for unauthorised deductions from wages, and £569.08 for failure to provide written particulars of employment. The claimant did not seek a compensatory award, and the total payable was £7,684.42 subject to statutory deductions where indicated.