Mr M Gerber v Honeypot Group Ltd Barnet Football Club Academy Limited — 2021

The Claimant was employed by the Second Respondent as an Academy Administrator from 23 November 2017. After Barnet FC's relegation and the later loss of promotion prospects, the Respondent wrote on 17 March 2020 giving notice of termination on 29 April 2020. Subsequent March and April 2020 communications placed staff on furlough and referred to the possibility of an alternative college programme, and the tribunal accepted the Claimant's evidence that he understood his redundancy notice had been withdrawn.

Applying an objective reading of the communications and the fact that the Claimant remained employed and paid beyond both 29 April 2020 and 17 June 2020, the tribunal found that the Respondent had impliedly withdrawn the 17 March 2020 notice. The 5 August 2020 letter therefore amounted to a dismissal without notice, and the Claimant succeeded in his notice pay claim in the sum of £3,644.94 net. He also succeeded on unlawful deduction of wages in the sum of £226.31 net, reflecting the shortfall between the dismissal date and the last date for which he was paid.

The redundancy payment claim was dismissed on withdrawal after it was agreed that £692.30 had been paid in October 2020. The holiday pay claim was dismissed because 17 days of leave due at 30 June 2020 had been paid at 100% in the July payroll in accordance with the contract and the CJRS. The unfair dismissal claim succeeded because redundancy was a potentially fair reason, but no consultation had taken place and the tribunal was not satisfied it was reasonable to dispense with consultation at that stage, given the evidence that there may have been reasonable alternative employment within a replacement academy structure. No basic award or compensatory award was made, because the Claimant had already received a redundancy payment and the tribunal found no additional loss beyond notice pay. The total amount owed was £3,871.25.