Claimant v Glidefield Ltd — 2021

Mrs Christine Anne Watkins had worked for Glidefield Ltd since November 1998 and by 1 April 2008 held a written statement of terms. In September 2020, after furlough, she asked to reduce her working week from five days to three. A confirmatory letter dated 9 September 2020, signed by both parties on 11 September 2020, said her working time would be reduced to three days a week, her length of service would be unaffected, and all other terms of employment would remain unchanged.

The tribunal accepted the respondent's evidence that the word "initially" in that letter referred only to which days would be worked at the outset, not to any temporary three-day arrangement. It found there was no later change between 11 September 2020 and termination on 11 February 2021, and that the relevant contractual position was therefore the last agreed variation recording a three-day working week. The tribunal also recorded that the standard of proof was the civil standard, balance of probabilities.

On termination, the respondent paid 12 weeks' notice by reference to three days per week, amounting to £2,761.92. The claimant contended that notice should have been calculated on five days per week, producing £4,503.32 and an alleged shortfall of £1,841.28. The tribunal held that calculating notice entitlement on the three-day basis was correct in law, so the breach of contract claim failed and was dismissed in its entirety.