Mr Brandon Sullivan v Care UK Community Partnerships Limited — 2021

The claimant resigned from his employment contract by email on 29 August 2019 so that he could move to Bank work while studying. The tribunal found the resignation was clear and unequivocal notice terminating the employment contract by 27 September 2019, was not given in the heat of the moment, and was not withdrawn.

From 28 September 2019 the claimant worked under a separate worker contract for Bank shifts, although he had not agreed the full written Bank contract. The tribunal found the essential terms were sufficiently agreed: he would select shifts through the respondent's app, attend booked shifts, and be paid at the Bank worker rate. There was no obligation on the respondent to provide work and no obligation on the claimant to accept it.

The tribunal found that the respondent's miscommunication, administrative errors and later mischaracterisation of the claimant's status caused confusion and frustration, but did not alter the legal position. Because the claimant was no longer an employee after 27 September 2019 and was only entitled to be paid for Bank shifts booked and worked, and he did no work after 7 October 2019, the arrears of pay claim was dismissed. The holiday pay claim was dismissed upon withdrawal.