Mr C Avialiotis v Sales Drivers Ltd t/a Anytime Fitness Ltd — 2019

Mr C Avialiotis brought a claim for unauthorised deductions from wages in relation to his contract of employment for 15 hours paid work per week with Sales Drivers Ltd t/a Anytime Fitness Ltd. The central issue was whether that employment contract had ended at the end of June 2018, because the claimant sought wages after that date. The respondent's case was that he had resigned from the employed role in order to concentrate on self-employed personal training work. The claimant said that he had not resigned and that he should have been paid. The tribunal noted that there was no written complaint from the claimant about non-payment for several months, and the only documentary evidence of termination was a P45 dated 30 June 2018.

Applying the balance of probabilities, the tribunal preferred the respondent's evidence and found that the claimant did resign in June 2018 and that his employment ended on 30 June 2018. It rejected the claimant's argument that the contract required termination to be in writing, finding that the relevant clause concerned amendments to the agreement rather than termination. The tribunal also noted that the respondent's later use of disciplinary procedures in January 2019 did not mean that it accepted the claimant remained employed. As the employment had ended on 30 June 2018, no payment was due under that contract after that date and the claim was dismissed.