Mr G Burgar v Newstreet Motorcycles Limited — 2022

Mr G Burgar was employed by Newstreet Motorcycles Limited as a senior motorcycle mechanic from 4 January 2022 until dismissal on 30 May 2022. The tribunal found that the contract terms written by the respondent, including a month's notice, were accepted by both parties even though neither had signed the document. It rejected the respondent's argument that the unsigned contract was ineffective and found there was no waiver of notice and no credible gross misconduct that would justify summary dismissal.

The tribunal found that on 30 May 2022 Mr Ticehurst summoned the claimant into the office and confirmed he was being dismissed before any proper discussion took place, then required him to return his keys. It rejected the respondent's case that the claimant walked out or refused to work his notice period, and held that the dismissal took immediate effect. On that basis, the claimant recovered one month's notice pay of £2,333.33 gross and 4 days' untaken holiday pay of £430.80 gross.

On holiday, the tribunal found that the claimant was entitled to 28 days per year under the Working Time Regulations 1998, accrued 11 days over the period worked, and had taken 7 days including 4 days' leave and 3 bank holidays. It rejected the respondent's attempt to reclassify short absences and weather-related or medical time off as holiday after the dispute arose.

The claimant was also allowed to amend the claim to add a workplace pension issue. Applying Selkent Bus Company Limited v Moore [1996] ICR 836 and Vaughan v Modality Partnership UKEAT/0147/20/BA, the tribunal held the amendment should be permitted. It found the respondent was obliged under the Pensions Act 2008 to auto-enrol and contribute because the claimant was under state pension age and earned above the threshold. The judgment's opening order records £263.55 gross for the pension element, while the reasons later calculate £326.40; no interest was awarded, save that the order states none would be payable if sums were paid within 14 days.