Mr Ricardo Sharry (Claimant’s son) For the v Mr Thomas Fuller (Consultant) — 2020

After the 4 July 2019 interview, the tribunal found the respondent offered the claimant a support worker role at £10 per hour on weekdays and £10.50 per hour on weekends. It accepted there was an understanding that the claimant might be offered some shifts at Gloucester before her planned holiday to Jamaica, but it did not find a proven contractual term entitling her to 45 hours of work per week from 1 August 2019 or to a full month of paid holiday for the Jamaica trip.

The tribunal found the employment relationship ended on 15 August 2019 when the claimant received the email and letter withdrawing the offer. It held that there was no agreed contractual notice period and, because the service was under one month, statutory notice under s.86 ERA 1996 did not apply. Relying on the authorities cited by the respondent, including Malloch and Rawlinson, the tribunal said the employer could withdraw or terminate for whatever reason or no reason; the issue was only whether a contractual term had been proved and breached.

On the contemporaneous emails and texts after the induction on 31 July 2019, the tribunal concluded that the claimant had not proved a contractual entitlement to payment for the Jamaica holiday or to loss of earnings on a 45-hour weekly basis. The monetary breach of contract claim was therefore dismissed, and no remedy was awarded.