Mr Simon Hedley v Birds (Derby) Limited — 2023

Mr Simon Hedley was employed by Birds (Derby) Limited as an Area Manager from 31 October 2022. He attended induction on his first day, then was absent from work from 2 November 2022 onwards. The tribunal accepted evidence that the respondent had been told before the first interview that his mother had died, but that on 2 November he texted to say she had been rushed into hospital, and that over the next two weeks the respondent received several contradictory texts. He did not attend the meeting arranged for 22 November 2022 and had no further contact after 14 November 2022.

The tribunal found that the respondent sent him a payslip, P45 and payment for two days' work amounting to £246.15. It held that he had only worked one day, but had been paid for two days, and that during the period of absence he failed to keep in touch with his employer. On that basis, the tribunal concluded that he had not suffered any unlawful deduction from wages. It also found that he had not produced evidence of any expenses said to be due.

On the contract claim, the tribunal found no breach. It noted that the claimant had not signed his contract of employment and was only entitled to statutory notice pay. As he had been employed for less than one month, he was not entitled to notice. The tribunal also found that he was not entitled to any payment under the company's compassionate leave or bereavement arrangements, and that there were no other entitlements due under the terms of his contract. Both claims were dismissed.