Mr D Wardell v Dryfix Preservation Ltd — 2019

Mr Wardell was employed by Dryfix Preservation Ltd from 1 March 2017 until 2 April 2019, working as a remedial technician. The tribunal found that the respondent had agreed to provide training and support for him to obtain a domestic plumbing qualification, that the respondent arranged for him to gain experience with a local plumbing contractor, Paul Walker, and that this led the claimant to say he was most likely going to resign. It accepted that on 2 April 2019 the claimant sent a WhatsApp message to Mr Russell Rafton saying, among other things, that his decision was definitely made.

The tribunal found that at a meeting on 3 April 2019 the claimant verbally advised Mr Russell Rafton that he would terminate his employment, but that the employment had in fact already ended on 2 April 2019. On that basis it held that the claimant was not dismissed, but resigned, and so there could be no unfair dismissal. Because he resigned, the tribunal held that he should have given notice under his own contract, not the respondent, and it dismissed the notice pay claim.

The tribunal noted that a written warning issued on 8 December 2018 was not relevant to its decision. It dismissed by consent the respondent's claims for £900 training costs and £168.63 uniform charges, and it dismissed by consent the claimant's bonus claim. By consent, the respondent was ordered to pay the claimant £160 in wages and £78.60 in holiday pay, giving a total monetary figure of £238.60.