In person For the v The Seven Stars — 2020

Mrs Charlotte Graves claimed notice pay after her employment with The Seven Stars ended on 12 September 2019. The respondent resisted the claim on the basis that her employment had been terminated for gross misconduct and therefore no week's notice pay was due; alternatively it argued that any sum should be calculated on 25 hours rather than the 32.5 hours claimed by the claimant.

The hearing proceeded by telephone on 24 April 2020 after the respondent did not provide a contact number. The claimant gave oral evidence consistent with her claim form. She said she had given written notice of resignation, to take effect on 6 October 2019, and had handed that notice to Ms Julie Baker, one of the joint owners. She also said that she had spoken to Mr Ken Culpeck, the other co-owner, who made clear that she was not required to work her notice period.

The tribunal accepted the claimant's evidence. It found that she had not been summarily dismissed, that there had been no hearing, and that no specific allegations of misconduct had been put to her. On that basis, the tribunal treated the claim as one for breach of contract in relation to notice pay.

The tribunal accepted the claimant's calculation that she had been booked for 32.5 hours during the notice period at £9 per hour. It therefore ordered the respondent to pay £292.50 gross, subject to tax and national insurance deductions for which the respondent must account to the claimant and HMRC.