Claimant v Blowfield v Trinity Care Beds and Northants Ltd — 2024

The tribunal held that Trinity Care Beds and Northants Ltd was the correct respondent because the claimant was employed by it at the time of dismissal, as shown by the payslip and the contemporaneous evidence. The hearing concerned whether the claimant was entitled to notice pay after being dismissed with immediate effect on 18 April 2023.

The tribunal found that the reason for dismissal was a mutually unsatisfactory working relationship. It accepted that there had been issues during probation and a disciplinary warning, but it did not accept that the claimant had committed gross misconduct so as to disentitle her to notice or payment in lieu. The respondent’s later reliance on the claimant’s participation in a Facebook Live event on 22 April 2023 could not justify withholding notice because that event took place after the termination of employment.

The tribunal also rejected the respondent’s further assertion, advanced by Mr Bhandari, that the claimant had later complained to a client after the warning. It found that allegation lacked credibility and was unsupported by evidence, and that it was inconsistent with the contemporaneous emails from Deborah King. The tribunal therefore concluded that the claimant remained entitled to one week’s notice and awarded her £456.25 in damages for breach of contract. The respondent’s request for an adjournment was refused as disproportionate in light of the amount in issue and the absence of any clear explanation of what further evidence would change the outcome.