Mr Lewis Hewitt v Buf Ayr Ltd — 2023

Mr Hewitt was employed as one of two head chefs at Buf Ayr Ltd and on 28 September 2022 gave four weeks' notice that he intended to resign and relocate to Glasgow. The tribunal found that the parties' relationship was generally good, that the claimant's notice was given orally in amicable circumstances, and that on 5 October 2022 manager Kevin Finnie told the claimant and Ross Butler that the respondent wanted a clean break and that they should leave that day.

The tribunal preferred the claimant's evidence over the respondent's account that he had wanted to leave immediately for a new job. It noted that Mr Finnie did not give evidence, that Mr Paton's account of the meeting was hearsay, and that there was no contemporaneous written record from the respondent supporting its version. The tribunal held that the respondent, not the claimant, effected the termination on 5 October 2022 and that the claimant had remained willing to work until the end of his four-week notice period on 26 October 2022.

On that basis the tribunal found unlawful deductions from wages in relation to October 2022 pay and accrued holiday pay, and a breach of contract in ending the employment before the notice period expired. It referred to section 13 and section 27 of the Employment Rights Act 1996, the Working Time Regulations 1998, and the Employment Tribunals (Extension of Jurisdiction) (Scotland) Order 1994.

Remedy was assessed net of tax or other statutory deductions. The tribunal awarded £31.60 for the October 2022 pay shortfall, £590.77 for accrued holiday pay, and £1,265.94 for three weeks' notice pay damages. The total award was £1,888.31, with any tax or other statutory deductions payable by the respondent if due.