Mr J Fernandes v Capita Business Services Limited — 2021

The Claimant was employed as a Managing Principal from 6 January 2020 until dismissal for redundancy on 21 August 2020. He was given notice on 23 July 2020, worked four weeks of a three-month notice period, and was then paid the remaining nine weeks in lieu under a PILON clause. At the preliminary hearing he withdrew his unfair dismissal and redundancy payment claims after accepting he did not have two years' continuous employment for those claims.

The tribunal considered the Respondent's strike-out application against the breach of contract claim. It found the Claimant had an arguable case that his contract had been varied, or that a collateral agreement was made, at a meeting on 16 July 2020 allowing him to work out all of his notice. Because that issue required evidence about the meeting, subsequent events, and the legal effect of the signed document, the tribunal held that the liability argument had a reasonable prospect of success.

The tribunal allowed to proceed the breach of contract heads concerning alleged lost contractual holiday pay, car allowance, employer pension contributions, and loss of opportunity to secure an alternative role with the Respondent during the notice period. It struck out the heads concerning loss of a mortgage offer and the alleged effect of being perceived as unemployed, finding no reasonable prospect of establishing recoverable loss flowing from the alleged breach. It also dismissed the stress and anxiety claim because the tribunal had no jurisdiction to hear a contract claim for personal injury damages.