Mr J Bell v Stonegate Pub Company Limited — 2019

The claimant said he believed he was entitled to four weeks' notice at full pay. The respondent said the claimant's notice period was covered by a doctor's fit note certifying him as unfit to work, that he had received one week's notice pay and statutory sick pay for the remainder, and that those were the sums due.

The tribunal found that the claimant did no work during the notice period and had submitted a fit note certifying him as unfit for work. It found the parties had been at cross purposes: the claimant understood that obtaining a fit note would result in full pay, while the respondent understood that he would receive the sums contractually due.

The tribunal held that the claimant had not proved any binding undertaking requiring the respondent to pay full notice pay. It found that under the contract he was not entitled to full paid notice while unable to work, and dismissed the claim for notice pay and consequential losses.