At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
(SITTING ALONE)
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Transcript of Proceedings
For the Appellant | MS NICOLA TWINE (of Counsel) Instructed by: Beachcroft LLP 7 Park Square East Leeds LS1 2LW |
For the Respondent |
MS ELISABETH COOPER (of Counsel) Instructed by: Messrs Atteys Solicitors 82 Cleveland Street Doncaster DN1 3DR |
SUMMARY
UNFAIR DISMISSAL – Exclusions including worker/jurisdiction
One year's continuous employment completed on employer's first notice of dismissal but not on second notice. Second notice prevails; see Stapp; M-Choice. Employer's appeal allowed; Employment Tribunal had no jurisdiction to consider Claimant's unfair dismissal claim.
HIS HONOUR JUDGE PETER CLARK
Introduction
Background
"Dear Chris
It is with regret that we have to advise you that your present role in the firm will be redundant from the 31st August 2010. […]
As you have been employed by us for less than a year, you are not entitled to any redundancy payment. We will, however, make an ex gratia payment of two weeks pay.
We do not require you to work all your notice and, bearing in mind you have booked a holiday, we would suggest that you come into work until the 9th August and we will pay you holiday and notice in lieu up to the 30th."
The Tribunal Decision
"5(4). The Respondents gave […] clear notice by [the first] letter that he was to finish on 31 August, and […] he had been told he would be paid to the end of that month."
The appeal
Conclusion
Disposal