Ms Evgenia Yordanova v Hillgate Investments Ltd t/a Alex Neil — 2020

Ms Yordanova claimed pay to the end of July 2020, contending that she had never been dismissed because notice had not been given in the manner required by the contract. The tribunal rejected that construction of paragraph 9 of the contract, holding that it did not make hand delivery or recorded delivery the only effective methods of giving notice.

The tribunal found that the dismissal occurred when the respondent sent an email on 9 April 2020 stating that her employment was terminated effective 17 March 2020. It accepted that Ms Yordanova received that email. It also recorded that she was paid until 31 March 2020, as reflected on her P45, and that there was no evidence of a dismissal letter having been received on 17 March 2020.

On liability, the tribunal held that Ms Yordanova could not claim unfair dismissal because she had not worked for the respondent for two years. It also accepted that the respondent had conceded notice was due. Although the claim form had not pleaded notice pay expressly, the tribunal treated the case as one for money due on dismissal and, applying Selkent principles, allowed an amendment to add a claim under s.13 ERA 1996.

The tribunal found that the contractual notice entitlement was four weeks. It noted that two weeks' pay was about £900 and that Ms Yordanova had effectively been paid one week in lieu of notice, leaving three weeks unpaid. It therefore ordered the respondent to pay £1,350.