Mr B Haughey v Mears Ltd — 2023

The tribunal found that the claimant's contractual notice entitlement at dismissal was six weeks, as stated in the written contract he had signed. It rejected the claimant's case that the notice period had later been increased to twelve weeks, preferring the evidence of the respondent's witnesses and finding no documentary support for any agreed variation.

The tribunal also found that the contract did not contain a clause permitting the respondent to terminate immediately and pay in lieu of notice. By dismissing the claimant with immediate effect on 7 October 2022 and paying him six weeks' salary instead, the respondent acted in breach of contract and wrongfully dismissed him at common law.

However, the tribunal concluded that the measure of damages for wrongful dismissal was the earnings that would have been payable during the notice period, and that the claimant had already received the net equivalent of six weeks' pay. As a result, although the claim succeeded on liability, no damages or other compensation were awarded.