Mrs J Dunn v Aloto Logistics Ltd Heard via: CVP — 2020

Mrs J Dunn was employed by Aloto Logistics Ltd from 29 July 2017 as a Customer Services Supervisor. After an audit while she was on annual leave, she was suspended on full pay on 3 October 2019, attended investigation meetings on 11 and 14 October 2019, and was invited to a disciplinary meeting on 18 October 2019. She resigned on 17 October 2019, later confirming that resignation and the respondent accepting it on 22 October 2019.

The tribunal dismissed the notice pay claim. It held that the words used in the resignation letter, including 'resignation in lieu of notice', meant resignation instead of working notice, not a resignation giving two weeks' notice. The tribunal found the claimant resigned with immediate effect to avoid the disciplinary process and the meeting scheduled for the following day, and that she did not work, or seek to work, a notice period.

On wages, the tribunal accepted that the respondent had changed the payroll cut-off date and that the claimant was paid for 16 working days in the period ending 17 October 2019, so the alleged five-day shortfall in her final pay was not made out. However, it found that the claimant had been paid £2,000 in December 2018 and January 2019, whereas her gross pay was £2,166.66 in November 2018 and from February 2019 to September 2019. That left a shortfall of £166.66 for each of those two months, totalling £333.32, which had not been accounted for and remained outstanding on termination. The tribunal ordered the respondent to pay that gross sum, with the claimant to account to HMRC.