Claimant v Healthy Retail Ltd t/a Pure
Outcome
Individual claims
The tribunal found that although the respondent did breach the claimant's contract in relation to notice pay, the respondent subsequently made a payment to the claimant which had the effect of extinguishing the damages from that breach. Therefore, the complaint was not well founded as no remedy was due.
Facts
Mr McCarthy brought a claim for breach of contract relating to notice pay against his former employer, Healthy Retail Ltd trading as Pure. The respondent was represented by a solicitor while the claimant represented himself. The hearing took place by video on 17th February 2025 at London Central.
Decision
Employment Judge Reed found that while the respondent did breach the claimant's contract in relation to notice pay, the respondent had subsequently made a payment which extinguished the damages arising from that breach. Accordingly, the complaint was dismissed as not well founded.
Practical note
A breach of contract claim for notice pay will fail if the employer has subsequently paid the amount owed, even if the payment was made after the breach occurred and potentially after proceedings were issued.
Case details
- Case number
- 6021103/2024
- Decision date
- 17 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No