Ms Laurette Leach v Limited trading as — 2019

The tribunal held that the correct designation of the respondents was Seaforth Hotels Limited trading as Knockderry Country House Hotel. It was dealing only with preliminary issues: the claimant's start date for continuous employment and the identity of the employer.

On the evidence about the claimant's first day, the tribunal preferred the respondents' housekeeper's account of the 3 September 2016 visit over the claimant's version. It found that the claimant was called in to start work, was on the premises under the respondents' instruction, and was paid for that day, even though she did not carry out physical cleaning work and was still in an induction/training stage.

On termination, the tribunal found that the claimant resigned in writing on 15 August 2018, with an agreed final date of 5 September, but that there was a further resignation at the meeting on 31 August 2018, when it was clear she was leaving and not returning. Applying s.97(4) ERA 1996 and the notice provisions in s.86 ERA 1996, the tribunal held that the effective date of termination was 7 September 2018. That gave the claimant continuous employment from 3 September 2016 to 7 September 2018, so she had sufficient qualifying service to bring a claim of unfair constructive dismissal under s.94 ERA 1996. The tribunal expressly made no decision on whether she had in fact been constructively dismissed; that issue was left to the final hearing.