Mr Ian Eldridge v Dangate Limited, Trading as Pass & Co — 2019

The tribunal accepted that Mr Eldridge walked off a client’s property on 7 February 2017 after a heated discussion, but found that he did so in the heat of the moment and did not intend to resign from his employment. It accepted evidence that the respondent expected him back at work, sent a letter on 10 February asking him to clarify whether he intended to work his four-week notice period, and later met him on 16 February, when he said he had not intended to resign and wished to return to work. The tribunal also found that his wife attended the respondent’s office in the week commencing 13 February to arrange that meeting.

Applying the presumption of continuity in s.210(5) ERA 1996 and the week-by-week approach in s.212 ERA 1996, the tribunal found that each week between 7 February and 28 February 2017 counted towards continuous employment. It held that there was no gap in which the whole or part of a week was not governed by a contract of employment, that both parties were subject to a four-week notice provision, and that the claimant was covered by sick certificates during part of that period. The tribunal therefore found that Mr Eldridge’s continuous service ran from 1 September 2003 to 8 January 2019.

On that basis, the claim for a statutory redundancy payment succeeded in the sum of £11,430, calculated by reference to 15 complete years’ service, the claimant being over 41 for each year, and the statutory maximum week’s pay of £508. The claim for statutory notice pay also succeeded, and the tribunal awarded £7,056 gross for 12 weeks’ notice pay at the statutory maximum gross weekly pay of £588, payable forthwith subject to deductions for tax and national insurance.