Claimant v Jason Hunt and Mardi Hunt T/a Crazy Bear Farm and Farm Shop — 2019

Mr J Szymaniak had worked as a farm labourer for Jason Hunt and Mardi Hunt t/a Crazy Bear Farm and Farm Shop since 1 May 2011. The central dispute was whether he resigned in early February 2018, as the Respondents said, or was dismissed by telephone on 14 February 2018, as he said. The tribunal preferred the claimant's evidence, found that the alleged 2 February 2018 meeting did not take place, and held that he was dismissed by telephone while on holiday in Poland.

The unfair dismissal claim succeeded because the Respondents denied that any dismissal took place and therefore did not show the reason for dismissal or a potentially fair reason under section 98 of the Employment Rights Act 1996. The redundancy payment claim failed because the tribunal found no evidence that the requirements of the business for employees to carry out work of a particular kind had ceased or diminished. The tribunal also rejected the respondents' account that the claimant had given verbal resignation at the end of December 2017, noting that their later correspondence did not refer to the alleged 2 February meeting.

The remaining claims succeeded. The tribunal held that the claimant was entitled to six weeks' notice pay, that wages for February 2018 had not been paid, that no itemised pay statement was provided for February 2018, and that holiday pay was due on termination. It recorded agreed figures of £270 gross for four days' pay and £202.50 for three days' holiday pay, but left remedy issues to a separate hearing listed for 4 November 2019.