Miss L Singh Claimant by respondent’s contract claim: Optimal Claim Limited (t/a Optimal Solicitors) v Optimal Claim Limited (t/a Optimal Solicitors) Respondent to respondent’s contract claim: Miss L Singh — 2023

Employment Judge Holmes, sitting alone via CVP, found that Miss Singh resigned in response to a repudiatory breach by her employer, Optimal Claim Limited, and was therefore constructively and wrongfully dismissed. She had not affirmed the breach by giving notice and was entitled to one month's notice pay less mitigation earnings.

The Tribunal also found unlawful deductions from wages of £973.03 and £255.00, both net sums to be paid without further deduction. The respondent's late application to adduce further evidence after both parties had closed their cases was refused given the unsatisfactory disclosure history and absence of any compelling explanation.

The respondent's contract counterclaim seeking repayment of £2,401.97 in respect of practising certificate and recruitment fees was dismissed; following the cases of Holmes v Tellemachus Limited and Ali v Petroleum Company of Trinidad and Tobago, the respondent's own repudiatory breach prevented it relying on the contractual recovery clause. PDF text was truncated.