Ms A Wynne v Fundamental Coaching Limited (t/a FUNDA) — 2020

Ms A Wynne was employed by Fundamental Coaching Limited as an apprentice from 19 November 2018. The tribunal found that the contract and apprenticeship agreement were intended to support her towards a Level 3 Digital Marketing qualification with Burnley College, including off-the-job training and cooperation with the training provider. Although there was no express term in the employment contract cross-referring to the apprenticeship agreement, the tribunal held there was an implied term requiring the respondent to cooperate with the claimant and the college so that she could complete the qualification.

The tribunal preferred the claimant's evidence on the main disputed events. It found that at the meeting on 12 November 2019 Mr Fletcher encouraged her to give up the college course and work full time for the respondent, and that the respondent was frustrated by the time she spent at college. It did not find that the deletion of project work around 21 November 2019 was a deliberate act targeted at the claimant. It did find, however, that the disciplinary allegations issued on 23 January 2020 were largely unwarranted, that the respondent failed to provide the claimant with the supporting evidence before issuing a final written warning, and that the allegation of breach of confidentiality was not upheld on appeal.

The tribunal also found that the respondent terminated the Burnley College agreement without consulting the claimant. It held that this undermined a fundamental part of the apprenticeship arrangement and was a repudiatory breach of the implied cooperation term, or alternatively that the disciplinary process and termination of the college agreement together breached the implied term of mutual trust and confidence. The claimant resigned with immediate effect on 17 February 2020, there was no affirmation, and her claim succeeded. The respondent's counterclaim for notice pay failed because she was entitled to resign in response to the respondent's breach.

On remedy, the parties agreed the starting point was two months' notice pay and agreed the gross figure of £2,598.75, together with deductions of £133.98 for holiday overpayment, £50.83 for sums earned while employed by Burnley College, and £288.75 for an overpayment of one week. The tribunal recorded that the debate remained whether National Insurance should be deducted and what should be done about the overpayment deductions, and it directed the parties to write within 14 days to confirm whether the amount due had been agreed. No final award figure was recorded in the judgment.