Claimant v Alexander v C Keogh — 2021

Miss Vicky Alexander worked for Carl Keogh as manager of Old Town Barbers from around October 2015 until her resignation by email on 3 July 2020. She alleged constructive unfair dismissal arising from the respondent's handling of PPE, communication and return-to-work preparations for the shop's planned reopening after lockdown. The tribunal found that suitable PPE had been ordered and was available, that the respondent had properly communicated with the claimant about reopening and health and safety matters, and that the claimant had not raised any continuing PPE concerns at the 27 June 2020 meeting or in the messages that followed.

Applying the constructive dismissal authorities it had set out, including Western Excavating and the Malik trust and confidence term, the tribunal held that there was no fundamental breach of contract. It found that the claimant resigned before the shop reopened and before she could know the state of the equipment on opening day, and that her conduct after 27 June 2020 was inconsistent with resignation in response to any repudiatory breach. The constructive unfair dismissal claim was therefore dismissed.

The holiday pay claim partly succeeded. The tribunal accepted that the claimant's leave year ran from October to October and that by 3 July 2020 she had accrued 21 days' leave. It found, on the evidence of the respondent and two employees, that she had taken 14 days' paid leave in her final year, that there was no contractual or verbal agreement allowing carry-over of holiday, and that she had not proved she was prevented from taking leave in 2018/19. On that basis the tribunal accepted that 7 days remained unpaid and ordered payment of £403.20 net at the agreed rate of £57.60 per day.

The tribunal also found that the respondent had failed to provide written particulars of employment. Because the claimant had succeeded in part of her claim and had been employed for almost five years, the tribunal awarded four weeks' pay under section 38 of the Employment Act 2002, calculated at £1,152.08. The respondent's costs application in relation to the adjourned 3 September 2021 hearing was refused.