Claimant v The Spanish Way FC LTD

Outcome

Facts

The claimant was employed for approximately 9 days from 10 February 2025. Her employment contract required two months' written notice from either party. On 24 February 2025, she sent a WhatsApp message indicating the role was not the right fit and her work style clashed with the respondent's approach, but did not formally tender two months' notice. The respondent confirmed immediate resignation and the claimant performed no further work. She subsequently claimed payment for a notice period of approximately two weeks.

Decision

The tribunal dismissed the claim for notice pay. The claimant did not qualify for statutory notice under section 86 ERA 1996 as she lacked one month's service. The tribunal found she had no contractual entitlement to payment in lieu of notice because she did not give the required two months' written notice under clause 8.1 of her contract, instead merely indicating the role was unsuitable and she wished not to continue.

Practical note

Legal authorities cited