Mrs A J Hickman v Mr Paul McDermott t/a Barry’s Barbers — 2021

At the Manchester CVP hearing on 17 February 2021, before Employment Judge Sharkett sitting alone, the claimant appeared in person and the respondent did not appear. The tribunal refused a further postponement application, taking account of the history of adjournments, the late request, the remote format of the hearing, and the fact that Ms Hunter, who corresponded with the claimant, could have attended if needed. The claimant had started work in August 2019 and was entitled to one week's notice under s.86 Employment Rights Act 1996.

The tribunal found that text messages showed an agreement that the claimant's last working day would be 27 January 2020, extending her notice period. It accepted the claimant's evidence that the respondent ended the employment on 23 January 2020, which amounted to counter-notice and left her with only 24 hours' notice. The tribunal preferred the claimant's account because it was supported by undisputed documentary evidence and there was no explanation from the respondent.

On that basis, the tribunal held that the claimant was wrongfully dismissed and that her breach of contract claim for notice pay succeeded. It ordered the respondent to pay £240 net, representing three days' pay claimed as owing.