Miss Michelle Cluff v G & L Jones trading as Go Local Extra Halewood Stores — 2024

The claimant, Miss Michelle Cluff, brought complaints of unauthorised deductions from wages and unfair dismissal against G & L Jones trading as Go Local Extra Halewood Stores. At the start of the hearing she withdrew the wages complaint about unpaid holiday pay, and the tribunal dismissed that complaint upon withdrawal.

The unfair dismissal claim turned on whether the claimant was dismissed on 27 November 2023 or resigned. The tribunal heard evidence from the claimant, Linda Jones and Sarah Telford, and preferred Miss Jones's evidence overall. It found that the claimant attended the shop voluntarily to collect wages, after messages showing she was on her way, and rejected the claimant's account that she had been forced to attend because wages had been withheld.

The tribunal found that Miss Jones invited the claimant into the back room to address a dispute arising from a third-hand allegation about drugs. It accepted that Miss Jones denied making the allegation said to have been passed on by the claimant's sister, and found that when the claimant became angry Miss Jones said she would have to reassess the claimant's employment if the conduct continued. The claimant replied "fuck off - stick your job" and walked out.

Applying section 95(1)(a) Employment Rights Act 1996 and the surrounding circumstances, the tribunal found that Miss Jones did not dismiss the claimant. It held that any alleged words such as "it's done" were ambiguous, and that the claimant's immediate message asking if she had been sacked showed the position was not clear and unambiguous. The tribunal also relied on the absence of premeditation, the fact that Miss Jones did not send a termination letter, and the P45 showing 3 December 2023 as the termination date, and therefore dismissed the unfair dismissal claim.