Daisy Moon Taylor Wells v Sorrelle UK Ltd — 2025

The claimant, Daisy Moon Taylor Wells, brought claims for breach of contract, unpaid holiday pay and unfair dismissal arising from her dismissal by Sorrelle UK Ltd on 17 July 2024. The unfair dismissal claim failed because she had around seven months’ service and did not rely on any exception to the two-year qualifying period. The holiday pay issue was said to have been resolved and was withdrawn during the hearing.

On the breach of contract claim, the tribunal found that the claimant had been employed as a fashion supervisor on 40 hours a week, earning £457.60 gross per week. The dismissal followed a refund of £400 for goods returned three days outside the respondent’s 14-day returns window. The respondent relied on clause 13 of the written contract and on its view that the claimant had breached company policy, but the tribunal found that the claimant had not seen the contract until 27 September 2024 and was not aware of, or bound by, the term relied on. It also found that even if the clause had applied, the respondent had not shown that the conduct amounted to gross misconduct or a repudiatory breach justifying summary dismissal.

The tribunal accepted the claimant’s evidence that she believed she had discretion in dealing with customer refunds and had seen other staff do the same. It found no evidence of dishonesty, rejected the respondent’s later suggestion that the conduct amounted to theft, and concluded that the facts did not show behaviour serious enough to undermine trust and confidence so as to justify dismissal without notice. The tribunal also noted that the respondent had not followed any disciplinary procedure before sending the dismissal email and had not raised gross misconduct at the time of dismissal.

The claimant was held to be entitled to one week’s notice under section 86 of the Employment Rights Act 1996. The tribunal found that the respondent dismissed her summarily without notice and without payment in lieu, in breach of contract and s.86 ERA 1996. On remedy, the claimant sought one week’s notice pay of £457.60 gross. The respondent asked for a reduction on the basis of a £500 payment made in December 2024, but the tribunal was not persuaded that this payment related to notice pay or that it represented an overpayment. It therefore awarded £457.60 gross damages for breach of contract.