Claimant v Api. Video SAS
Outcome
Individual claims
The tribunal found the claimant did not commit a repudiatory breach of contract justifying summary dismissal. She was therefore entitled to notice pay of £25,000 under her employment contract.
The tribunal found the respondent breached the 'clause for financial protection' which applied to the claimant's employment contract from 1 July 2024, entitling her to a Settlement Payment of £20,000. However, the award was capped at the statutory limit of £25,000 total.
Facts
The claimant was dismissed by the respondent. The respondent claimed the dismissal was justified by the claimant's repudiatory breach of contract, warranting summary dismissal without notice pay. The claimant was also entitled to a Settlement Payment of £20,000 under a 'clause for financial protection' that had been incorporated into her contract from 1 July 2024. The respondent did not attend the hearing.
Decision
The tribunal found the claimant did not commit a repudiatory breach justifying summary dismissal, so she was entitled to notice pay of £25,000. The tribunal also found she was entitled to the £20,000 Settlement Payment. However, the total award was capped at £25,000 due to the statutory limit on breach of contract claims in the Employment Tribunal.
Practical note
Even when multiple breach of contract claims succeed totalling more than £25,000, the Employment Tribunal's jurisdiction is capped at £25,000 by the Extension of Jurisdiction Order, and claimants may need to pursue the balance in the civil courts.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2201840/2025
- Decision date
- 4 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Api. Video SAS
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- lay rep