Mr Alex Tait v NTP Hoistaid Ltd — 2020

Mr Alex Tait worked for NTP Hoistaid Ltd as a Hoist Installer from around September or October 2018. His contract contained a four-week notice period. The tribunal found that travel work was paid a month after it was done, while on-site work was paid in the month it was done. Mr Tait resigned on 30 September 2019, said he would stop work on 23 October 2019, and told the operations manager that he was willing to work the extra two days. He repeated that by WhatsApp. He also raised holiday pay, but did not pursue that claim at the hearing.

The respondent did not attend the CVP hearing. The tribunal proceeded in its absence after the respondent had received notice of the hearing and had not renewed an adjournment request at the outset. On the facts found, Mr Tait was sick on 1 and 2 October 2019, but from 3 October 2019 he was ready and willing to work. The tribunal found the respondent knew he was willing to work until 25 October 2019, but on 4 October 2019 told him that because he had not given four weeks' notice his employment would end on 7 October 2019.

The tribunal held that it was a breach of contract to fail to pay Mr Tait for the notice period when he was willing and able to work. The judgment section ordered damages of £956.25, although paragraph 9 of the reasons states that the damages for the breach were £765, so the text does not state a single consistent figure. The claimant mitigated his loss by starting new employment on 16 October 2019.

On the wages claim, the tribunal found that Mr Tait was owed at least £700 for travel work in September 2019 and that there was no evidential basis for deducting course fees. It held that withholding those wages was an unlawful deduction under section 13 of the Employment Rights Act 1996 and ordered the respondent to pay £700 gross, subject to normal deductions.