Claimant v Eleven Plus Exams Tuition Limited
Outcome
Individual claims
Claim of disability discrimination was withdrawn by the claimant and dismissed on its withdrawal by Employment Judge M Warren at a preliminary hearing on 15 April 2024.
Claimant gave 8 weeks' notice as per her contract on 22 June 2023 for termination on 17 August 2023. Respondent asserted claimant agreed to reduce notice to 4 weeks ending 20 July 2023. Tribunal found respondent failed to prove such agreement existed on the balance of probabilities; claimant entitled to full 8 weeks' notice pay.
Claimant claimed she was short-paid by one day's pay (£103.85 claimed). Tribunal found claimant was told she was not needed for work on 8 July 2023 but was never informed she would not be paid. As a salaried employee, claimant was entitled to be paid regardless of attendance. Tribunal awarded £129.40 representing the actual shortfall.
Claimant claimed a week's pay (£620) for delay in starting new employment because respondent failed to provide a reference after initially assuring she would do so. Tribunal held there was no consideration for any contractual promise to provide a reference, as there was no binding agreement to shorten the notice period. The promise to provide a reference was non-contractual.
Facts
Claimant resigned on 22 June 2023 giving 8 weeks' notice to expire 17 August 2023. Respondent's HR Manager proposed reducing notice period to 4 weeks ending 20 July 2023, with final week as paid gardening leave. Claimant disputed agreeing to this, though respondent claimed agreement was reached on 7 July 2023. Contemporaneous Slack and WhatsApp messages showed claimant repeatedly asking for written confirmation and seeking to maintain 8-week notice. Claimant was also told not to attend work on 8 July 2023 but received no confirmation this was unpaid. Respondent initially promised to provide a reference but later refused after concluding claimant's grievance was malicious.
Decision
Tribunal found respondent failed to prove claimant agreed to shorten notice period. Contemporaneous messages showed no clear agreement and claimant's careful approach to seeking written confirmation. Claimant awarded 4 weeks' notice pay (£2,071.32) plus one day's unpaid salary (£129.40) as she was entitled to salary as a salaried employee regardless of whether she was required to work. Claim for reference-related damages failed as there was no contractual obligation to provide one, only a non-binding promise.
Practical note
Where an employer claims an employee agreed to vary a contractual notice period, contemporaneous documentary evidence is critical; the burden lies on the employer to prove such agreement existed on the balance of probabilities.
Award breakdown
Award equivalent: 4.2 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3311337/2023
- Decision date
- 28 February 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Reasoning Teacher and Online Content Creator
- Salary band
- £25,000–£30,000
- Service
- 1 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep