No attendance; no v Paul Pearson, director — 2021

At a remote CVP hearing on 25 January 2021 before Employment Judge George sitting alone, the claimant did not attend. The respondent accepted that the claimant had worked on 1 November 2019 but had not been paid for that day. The tribunal found that she worked 8 hours at a gross hourly rate of £12.98 and ordered the respondent to pay £103.84 gross as arrears of wages, subject to deduction of tax and national insurance contributions.

The claimant also pursued notice pay, which the tribunal treated as a wrongful dismissal claim. On the evidence of the meeting on 1 November 2019, the judge found that performance concerns were raised informally but seriously, that the claimant said she would rather resign than be sacked, and that Mr Pearson said he would accept a resignation. The claimant then left the meeting and the building, texted that she had walked out and later that she had left, and removed her belongings before 8 am on 4 November.

The tribunal concluded that the claimant resigned with immediate effect and that the respondent had not imposed an ultimatum that she should resign or be dismissed. It therefore held that she was not dismissed in circumstances entitling her to notice pay, and the wrongful dismissal claim was dismissed.