Miss Hollie Hulbert v Care Pharmacy — 2022

The case was determined under Rule 21 because the respondents did not present an ET3 response. The tribunal also amended the respondent’s name from the ET1 to “Care Pharmacy” after comparing it with the ACAS early conciliation certificate. The claimant said she had been employed from 26 May 2020 to 15 December 2021 as a trainee dispenser, and that she was seeking payment for notice pay and other payments.

Following an earlier request for further information, the claimant clarified on 9 May 2022 that her claim was for non-payment of wages due in lieu of notice, stated as £1,470.16 gross or £1,306.74 net. On that material, the tribunal found that she had been dismissed in breach of contract in respect of notice and awarded damages of one month’s pay in the gross sum of £1,470.16.

The unfair dismissal complaint was dismissed. The tribunal noted that the claimant had less than two years’ qualifying service and therefore did not satisfy section 108 of the Employment Rights Act 1996. It also recorded that the claimant had not identified any alternative basis on which the tribunal could hear an unfair dismissal complaint, so that head of claim was dismissed for lack of jurisdiction.