Claimant v Scholars School System, Part of UK Curriculum Accreditation Body
Outcome
Individual claims
The tribunal found that the claimant gave 14 weeks' notice (exceeding the contractual minimum of 12 weeks), with an effective termination date of 31 August 2024. The respondent accepted this resignation. The claimant was entitled to full salary and accrued holiday pay until 31 August 2024, but received less than the £7,500 gross monthly salary due in his final August payment. This constituted an unauthorised deduction under s.13 ERA 1996.
Facts
Dr Jones resigned as Executive Dean on 3 May 2024, giving 14 weeks' notice with a proposed end date of 31 August 2024. His contract required a minimum of 12 weeks' notice. The respondent placed him on garden leave from 24 May 2024, initially confirming payment until August. However, the respondent later argued his employment ended on 2 August 2024 and underpaid his final August salary. The claimant expected £7,500 gross but received less, triggering the claim.
Decision
The tribunal held that the claimant's 14-week notice exceeded the contractual minimum and was validly given and accepted, making 31 August 2024 the effective termination date. The respondent made an unauthorised deduction by failing to pay the claimant his full August salary including accrued holiday pay. The claim under s.13 ERA 1996 succeeded; remedy to be determined at a later hearing.
Practical note
An employee may give more than the contractual minimum notice where the contract specifies 'not less than' a certain period, and once accepted, the employer cannot unilaterally shorten that notice period.
Legal authorities cited
Statutes
Case details
- Case number
- 6017013/2024
- Decision date
- 8 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Executive Dean
- Salary band
- £80,000–£100,000
- Service
- 1 years
Claimant representation
- Represented
- No