Ms D Janusz (Consultant) For the v Ms J Kaur (Director of the Respondent) CORRECTED — 2022

The tribunal substituted Predator Nutrition Online Limited as the correct respondent because that was the entity named on the employment contract. The only substantive dispute was whether the claimant was entitled to two months' notice under her original contract or one month under a later draft contract after her role changed to Purchasing Manager.

The tribunal found that a draft contract was prepared on 21 February 2022 and handed to the claimant, but it was not signed and there was no express agreement to shorten the notice period. Applying the authorities it cited on contractual variation and implied agreement by conduct, the judge held that the claimant had not agreed to the reduced term. The shorter notice clause was not specifically drawn to her attention, and her continuing to work after receiving notice was not enough on its own to amount to acceptance.

The tribunal therefore held that the original two-month notice clause remained in force when notice was given on 16 March 2022. It awarded the claimant the additional month of notice pay, assessed at £1,916.67 gross. The tribunal also noted breaches of section 1 and section 4(1) of the Employment Rights Act 1996 in relation to written particulars and notification of the changed role, but it made no additional award under section 38 of the Employment Act 2002 because a contract had been provided, even though it had not been agreed.