Miss A Neascu v Magic Nursery Group Ltd — 2019

Miss A Neascu was employed by Magic Nursery Group Ltd from 27 February 2017. In November 2017 she signed a training agreement requiring her to repay £1,500 pro rata if she left before April 2019, with an express term allowing deduction from final pay. The tribunal held that agreement was valid and that the claimant had agreed to the deduction clause. It also said wider complaints about mentoring, probation review and trust and confidence were outside its jurisdiction under the Extension of Jurisdiction Order 1994.

The dispute about termination turned on emails sent on 4 and 5 April 2018 and events on 6 April 2018. The claimant said she had not resigned and had been constructively dismissed; the respondent treated her communications, her requests for outstanding pay and a reference, and her absence from work on 4, 5 and 6 April as resignation by conduct. The tribunal found the respondent did not dismiss her on 6 April 2018 or at all, that her communications were confused and ambiguous, and that there was no evidence of any repudiatory breach by the respondent. The wrongful dismissal / breach of contract claim was therefore dismissed.

On wages, the tribunal held that the £273 deduction from final salary was authorised by the signed training agreement and was not an unlawful deduction under s.13 ERA 1996. It also found that the claimant, who was 21 when her employment ended, was not entitled to automatic enrolment into the respondent's pension scheme under the relevant pensions legislation, and had not opted in. The alleged £112 pension claim therefore also failed. The remedies hearing listed for 9 January 2020 was vacated because both claims were dismissed.