Mr O Price v Telecom Service Centres Ltd t/a Webhelp UK — 2021

The Claimant resigned after the Respondent closed the Derby site during the Covid-19 pandemic and asked employees to work from home. The Tribunal found that the Respondent had no express or implied contractual right to require the Claimant to work from home, and that, while the Claimant was willing to work at the Derby site or another office within reasonable travelling distance, the Respondent was contractually obliged to pay his salary unless the contract was varied or terminated.

The redundancy payment claim under the lay-off provisions failed because the Claimant was a salaried employee whose remuneration did not depend on being provided with work, so he did not meet section 147 ERA 1996. The Tribunal also found that, although his 21 September emails would have been adequate notice of intention to claim and the Respondent had served a valid counter-notice, he did not resign on the contractual three weeks' notice required by section 150.

The redundancy payment claim based on alleged constructive dismissal also failed. The Tribunal found that the Claimant was not singled out because of socialist views or his approach to Eurostar refunds, was not entitled to be treated as laid off under the statutory scheme, and had no reasonable basis to believe he would be required to work for Eurostar in Kent or dismissed if he refused. Although the Derby site closure amounted to a temporary cessation of the requirement for employees to work at that place, the alleged breaches of trust and confidence were not established.

The unlawful deduction from wages claim failed despite the Tribunal's finding that the homeworking requirement was not contractually permitted. The Claimant did not protest about non-payment or make clear that he was remaining employed under protest for about five months, and the Tribunal concluded that by his conduct he had impliedly agreed to remain at home on unpaid leave until the Derby site reopened. The wages claimed were therefore not properly payable under section 13 ERA 1996.