Miss S Harker v Marine Management Organisation — 2020

Miss Harker did not attend the final hearing on 19 February 2020. About 12 minutes before the scheduled start, she emailed the tribunal asking for the hearing to be cancelled because of deteriorating mental health and because she could not afford legal representation. The Employment Judge checked on her absence, heard the respondent's submissions, and decided to proceed.

The tribunal dismissed the claim for wrongful dismissal, described in the judgment as a claim for breach of contract. It found that the claim had no reasonable prospect of success because the respondent was entitled under the contract to terminate on notice and had paid four weeks' pay in lieu of notice. The judge held that the claimant therefore suffered no recoverable loss.

The tribunal also said that, even if the termination had not complied with the contract, damages would in any event be limited to the notice period under Hadley v Baxendale. The judge observed that the case was, in substance, a disguised unfair dismissal claim, but the claimant did not have the requisite two years' qualifying service, so unfair dismissal protection was not available. The respondent's costs application was noted, but the tribunal said it was premature and would not be dealt with at that stage.