MR T DUPERNEX v The Greater Share Sc Limited — 2023

Mr T Dupernex was employed by The Greater Share SC Limited from 5 December 2022 as Head of Investor Relations, during a probationary period under which clause 4.3 allowed termination on four weeks' notice in writing. On 4 May 2023 Ms Bezerra told him in person that his employment was being terminated, and the tribunal found that he understood from that point that he was under notice, discussed handover arrangements, and acted consistently with an impending departure. After checking his contract on 16 May, he disputed that notice had been validly given because it had not been in writing, leading to further email correspondence and, on 24 May 2023, the respondent exercising clause 16.4 to end employment immediately and pay in lieu for the unexpired period to 1 June 2023.

The tribunal held that the reference to notice being "in writing" did not create a condition precedent to validity. It found that the oral notice on 4 May 2023 was sufficiently clear, that the claimant could determine the end date by reference to his contract, and that the Employment Rights Act 1996 does not require notice to be in writing. The tribunal said the claimant was not prejudiced by the notice being verbal rather than written and relied on authorities including Morton Sundour, Lavarack, Gunton and Janciuk in considering notice and damages arguments.

Alternatively, the tribunal held that if the 4 May notice had been defective, the claimant's conduct over the following 13 days meant the respondent was entitled to rely on waiver or estoppel. It applied Toepfer and the respondent's estoppel submissions, concluding that the claimant could not later resile from the position that notice had been accepted. The tribunal also said that, if necessary, the 18 May 2023 email was valid written notice ending employment on 1 June 2023. The breach of contract claim for notice pay was therefore dismissed and no monetary award was made.