no attendance For the v Fulton Vehicle Leasing — 2019

The claimant brought a breach of contract claim arising from the respondent's failure to pay notice on termination. The respondent admitted that she had been employed from 30 October 2018 to 30 November 2018 on a gross monthly salary of £1,560, equivalent to a gross weekly wage of £360, and that she was summarily dismissed on 30 November 2018.

The claimant said she was entitled to three months' notice under her contract of employment. The respondent accepted that three months' notice appeared in its standard contract, but said that term did not apply during the probationary period and that the unsigned contract had not been intended to bind the claimant on those terms until probation had expired. The claimant did not attend the hearing, and the tribunal noted there was a dispute about whether a contract providing for three months' notice was in existence and no clear documentary evidence to resolve it.

On that basis, the tribunal did not uphold the claim to the extent it depended on three months' notice. However, because the claimant had been employed for one month when her employment was terminated summarily, the tribunal found she was entitled to one week's notice under section 86 of the Employment Rights Act 1996. It therefore ordered the respondent to pay one week's wages, £360 gross, subject to deductions for tax and national insurance.