Claimant v Veolia ES (UK) Ltd
Outcome
Individual claims
The tribunal found that the claimant resigned with immediate effect on 1 March 2024, despite his claim that he intended to work a four-week notice period. The respondent waived its right to the one-week contractual notice period and paid the claimant £1,293.76 for 10.36 days of accrued and untaken annual leave, a full account of any sums due. No further holiday pay was owed.
The claimant claimed unpaid wages for a period of sick leave between 1 and 28 March 2024 totalling £896.56. The tribunal found that the claimant's employment terminated on 1 March 2024 following his resignation with immediate effect. As the employment had already ended, there were no wages due for the period of alleged sick leave in March, and the claim for unpaid wages was unfounded.
Facts
The claimant, an HGV driver employed since November 2022, sent a resignation email on 3 March 2024 stating his resignation was 'effective from March 1st 2024'. He claimed he intended to work a four-week notice period ending 29 March and sought payment for holiday pay and sick pay during March. The respondent treated the resignation as taking immediate effect on 1 March, processed his termination, and paid him accrued holiday pay. The claimant returned his uniform on 7 March. His contract required only one week's notice.
Decision
The tribunal found that the claimant's resignation was with immediate effect on 1 March 2024, not subject to a four-week notice period. The respondent waived the contractual one-week notice period and paid the claimant in full for accrued holiday. The claims for unpaid holiday pay and unpaid wages failed because no further sums were due.
Practical note
Clear wording in resignation communications is critical; an ambiguous resignation effective date will be resolved by examining the parties' conduct and contractual terms, and employers are entitled to take unambiguous resignation language at face value.
Legal authorities cited
Statutes
Case details
- Case number
- 6004631/2024
- Decision date
- 4 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- environmental services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- HGV Driver
- Service
- 1 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister