Case 2307653/2023 · Employment Tribunal
Miss Yvette McKay v The Fruit Tree Day Nursery Limited — 2024
- Case reference
- 2307653/2023
- Decision date
- 8 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge E Fowell Representation
Parties
2 namedClaimant
Miss Yvette McKay
Respondent
Key findings
Tribunal's reasoningThe claimant, a Montessori Teacher, was employed by the respondent from 16 January 2023 on what the tribunal found to be a term-time only contract at £12.50 per hour, an agreed variation of the written contract. Following a probationary review meeting on 20 June 2023 which recorded no concerns about her performance, the tribunal was satisfied that she had completed her six-month probationary period. After an acrimonious meeting on 21 July 2023 about her notice obligations and a forthcoming university course, she was dismissed.
The tribunal did not accept the respondent's evidence that the dismissal formed part of an ongoing probationary review process, noting there was no contractual basis for extending probation beyond six months and that the February paper aeroplane incident relied on in the outcome letter had not previously been raised. The judge held that, whatever the underlying reason for dismissal, the claimant was dismissed after her probationary period and was given notice, so was entitled to the full three months' contractual notice rather than the one week applicable during probation.
Net monthly pay was £1,440, giving three months' notice of £4,320. Credit was given for the £332 net week's pay already received, leaving £3,988 awarded for breach of contract. The holiday pay claim was dismissed on withdrawal after the claimant accepted no holiday pay was due.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Breach of contract claim relating to notice pay. Tribunal found the claimant had passed her six-month probationary period and was therefore entitled to the full three months' contractual notice rather than one week. Net three months' pay £4,320 less £332 already paid for one week, leaving £3,988. | Upheld | — | £3,988 |
| Holiday pay | Claimant accepted at the hearing that no holiday pay was due; claim dismissed on withdrawal. | Withdrawn | — | — |
| Breach of contract | Breach of contract claim relating to notice pay. Tribunal found the claimant had passed her six-month probationary period and was therefore entitled to the full three months' contractual notice rather than one week. Net three months' pay £4,320 less £332 already paid for one week, leaving £3,988. | Upheld | — | £3,988 |
| Holiday pay | Claimant accepted at the hearing that no holiday pay was due; claim dismissed on withdrawal. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £3,988
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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