Miss Jennifer McCallum v Ltd (In Liquidation) — 2023

The claimant was employed by the respondent from 2015 and moved into a kitchen manager role in July 2022 at £450 gross per week. The Tribunal found that she was not engaged on a fixed-term contract and that there had been no break in her continuous employment when she had previously been absent through sickness.

The respondent argued that the claimant's employment ended because a fixed term had expired, while the claimant believed she was penalised for attending university. The Tribunal accepted neither explanation. It found that the kitchen manager role was not financially viable because guest supper demand was insufficient, but the respondent had not advanced redundancy or business reorganisation as the reason and had not given notice of potential redundancy, consulted with the claimant, or considered alternatives in December 2022.

The Tribunal concluded that the dismissal was unfair. It limited compensatory loss to the period ending 31 March 2023 because the claimant obtained alternative work, had not evidenced wider job-search efforts, and had declined a later offer of work from the respondent at £150 per week. It also found that the claimant had not received written particulars of employment or written notice of variations, and awarded the higher four-week amount for that breach.