Dr Simon Jones v Scholars School System, Part of UK Curriculum Accreditation Body — 2025

The Claimant, Dr Simon Jones, brought a complaint under section 13(1) of the Employment Rights Act 1996 that the Respondent had made an unauthorised deduction from his wages. He had resigned on 3 May 2024, giving 14 weeks' notice with a proposed termination date of 31 August 2024, and was placed on garden leave from 24 May 2024. The Respondent argued his entitlement to salary and holiday pay ceased earlier than 31 August 2024 and denied any unlawful deduction. The Respondent also sought to bring an employer's contract counterclaim in respect of an alleged overpayment.

The Tribunal held that the contractual notice clause requiring "not less than one academic terms (12 weeks) prior written notice" set a minimum, not a cap, so the Claimant's 14-week notice was validly given. Applying the principle from Riordan v War Office and Harris and Russell Ltd v Slingsby, once valid notice was given it could only be shortened or extended by mutual consent, and there was no evidence of any such agreement. The Tribunal accepted that Mr Bhatti had accepted the resignation and that the effective date of termination was 31 August 2024, a conclusion supported by Ms Strader's emails of 21 and 22 May 2024 confirming garden leave and salary payments through August.

The Tribunal found that the Respondent had made an unauthorised deduction from the Claimant's wages in breach of section 13 ERA 1996. The Respondent's counterclaim was dismissed because the Tribunal had no jurisdiction to hear an employer's contract claim where the employee had not brought a breach of contract claim. Remedy was adjourned to a subsequent remedy hearing listed for 12 September 2025.