WILLIAM ACHEAMPONG v Veolia ES (UK) Ltd — 2025

The claimant, an HGV Driver, brought claims for unpaid holiday pay under the Working Time Regulations 1998 and unpaid wages under s.13 Employment Rights Act 1996, arising on the termination of his employment with Veolia ES (UK) Ltd. The central issue was whether his resignation email of 3 March 2024, stating he was resigning "effective from March 1st 2024", took effect immediately or constituted notice of resignation to take effect on 29 March 2024 after a four-week notice period.

The tribunal considered the context of the resignation email and the evidence of the parties. It found that the claimant's line manager Ms Gosset had previously told the claimant only that four weeks was the typical notice period and that it depended on the individual, and had not advised that a one-month notice period was company policy. The contract of employment required one week's notice given the claimant's length of service. The tribunal also found that the claimant returned his uniform on 7 March 2024, which was inconsistent with an intention to work until 28 March, and considered the claimant's evidence about a call to Ms Gosset on 16 or 17 March to be unreliable.

The tribunal found that following receipt of the resignation the respondent waived its right to the contractual one-week notice period and treated the termination date as 1 March, which it was entitled to do. The £1,293.76 paid in respect of 10.36 days accrued and untaken annual leave was a full account of sums due. The claims for unpaid holiday pay and unpaid wages were not well-founded and did not succeed.