In Person For the v Ms M Elliott (Director) — 2022

Ms Clare Wilson, a Care Co-ordinator, brought claims of unfair dismissal, wrongful dismissal in breach of contract, and holiday pay against Prelle Healthcare Ltd. The tribunal found that she was not dismissed either expressly or constructively within section 95(1) ERA 1996. It held that the effective date of termination was 15 November 2021 because she resigned, and the unfair dismissal claim was dismissed.

Applying Western Excavating, Sothern, Kwik-Fit, Willoughby, Kaur and Omilaju, the tribunal found that the matters relied on by the claimant were not repudiatory breaches of the implied term of trust and confidence. It found that Ms Elliott had taken back the on-call phone after the claimant raised concerns, that the October 2021 draft contract involved only cosmetic changes to the job description and title, that the 6 November 2021 advert was for an additional Care Co-ordinator post rather than the claimant's existing role, and that the comments made at the 15 November 2021 meeting did not amount to dismissal. The tribunal also found that the claimant had already decided to resign before that meeting.

The wrongful dismissal claim succeeded because, although the claimant was prepared to give notice and/or work it, the respondent did not allow her to do so and did not pay in lieu of notice. The tribunal awarded damages of £1,240.80, calculated as three weeks at £413.60 per week. The holiday pay claim was dismissed because the claimant did not prove accrual or entitlement, and the tribunal accepted the respondent's evidence that any small remaining entitlement was extinguished by an overpayment of two days' holiday.