Mr C McGrouther v Represented by Mr M Hughes Trainee Solicitor Express Joinery Products — 2018

The claimant, Mr C McGrouther, brought a breach of contract claim arising from the termination of his modern apprenticeship with Express Joinery Products and a claim for untaken annual leave. The respondent did not lodge an ET3 for this claim and did not appear at the final hearing. The tribunal heard evidence only from the claimant and accepted him as a credible and candid witness.

The tribunal held that the claimant had been engaged under a contract of apprenticeship, not merely a contract of service. It relied on the apprenticeship authorities it cited, including Dunk v George Waller and Son Ltd, Flett v Matheson, Wallace v CA Roofing Services Ltd and Whitely v Marton Electrical Ltd, and on the terms of the Modern Apprenticeship Training Agreement. On the facts found, the central purpose of the agreement was training over a fixed period ending on 31 January 2020, and the respondent was not entitled to end it early because of absences.

The claimant was dismissed on 12 October 2017 after a period of absence, without notice. In assessing loss, the tribunal accepted that he had mitigated his loss by increasing his work at Pizza Hut and later obtaining a new apprenticeship with Robert Reid Joinery. It awarded £699.58 for the period to 1 December 2017, plus £225.25 for one week’s notice pay, making £924.83 on the breach of contract claim.

The tribunal rejected the claimed loss of opportunity beyond the date the claimant obtained the new apprenticeship. It held that the new contract, and its later premature termination by the subsequent employer, broke the chain of causation as a novus actus interveniens. On holiday entitlement, the tribunal accepted that the claimant had taken only two days’ leave and awarded £225.25 for five untaken days. The total award was £1,150.08.