Ms Nicole Henderson v Represented by Mr M Meikle Representative Ivanmed Ltd — 2024

Ms Nicole Henderson worked for Ivanmed Ltd as a Digital Marketer from 22 August 2023 on a contract with a three-month probationary period. The tribunal found her credible and reliable. It accepted her evidence that, at a meeting on 16 November 2023, Mr Anderson told her the trial period was not working out and terminated her employment immediately. The 30 November 2023 email confirmed that the trial period ended on 16 November and said she had been paid until 17 November as a goodwill gesture.

On jurisdiction and time limits, the tribunal accepted that November salary was paid around 28 November 2023 and therefore the 7 April 2024 claim against Ivanmed Ltd was in time. Even if an earlier payment date were used, the tribunal found it was not reasonably practicable to present the claim sooner: the first ET1 named Mr Anderson rather than the company, it was rejected, the claimant only learned of the problem in mid-March 2024, and she then acted promptly after seeking guidance. The tribunal referred to the not reasonably practicable test and gave it a liberal interpretation in favour of the employee.

On breach of contract, the tribunal held the respondent had not proved a material breach justifying summary termination. Mr Anderson did not give evidence, Mr Brown's evidence was hearsay, and the 30 November email did not mention gross misconduct. The tribunal therefore awarded four days' notice pay of £348.92 after crediting the extra day already paid, based on a net daily rate of £87.23. It also found a holiday pay shortfall: on a pro-rata calculation the claimant accrued 6.6 days, 6 days had been paid, and the remaining 0.6 day was worth £52.34. The total award was £401.26, and the tribunal said no statutory deductions were due from the award.