Mr B Proctor v V30 Ltd — 2020

The respondent filed a response stating that it did not defend the claim, so the tribunal considered the matter under Rule 21 of the Employment Tribunals Rules of Procedure 2013. Applying the approach in Limoine v Sharma, the judge treated the claimant's account as undisputed fact where appropriate and was satisfied that a determination could properly be made on the papers.

On that basis, the tribunal found that on 10 January 2020 Mr Michael Miller told Mr B Proctor, "that's enough, stop what you're doing and go home", and then told him to put his workplace keys through the letterbox at Mr Miller's home. This followed an argument about a piece of work the claimant had done at Mr Miller's request. The tribunal also found that the claimant was not paid notice pay and that there was no indication of any procedure leading up to the instruction to go home and return his keys.

The tribunal accepted that the surrounding circumstances supported the claimant's case that he was dismissed on 10 January 2020. It noted that when the claimant later tried to contact Mr Miller, there was no response, and when he contacted Richard Miller he was told that his resignation was accepted. The judge nevertheless proceeded on the basis that it was Mr Michael Miller who told the claimant to go home and return his keys, rather than the claimant resigning.

Having found that the claimant was dismissed, the tribunal held that the respondent had not shown a potentially fair reason for dismissal and that no fair procedure had been followed. The unfair dismissal claim therefore succeeded. The breach of contract claim also succeeded because the claimant had worked for the respondent since 1 May 1997 and was entitled to 12 weeks' statutory notice under section 86(c) of the Employment Rights Act 1996, which was not given. Liability was decided on 16 July 2020, and the remedy hearing was left to be listed later.