Claimant v Satine Edinburgh Limited
Outcome
Individual claims
The tribunal found the claimant resigned on 25 November 2023 giving four weeks' notice to 23 December 2023. He was prevented from working the full notice period by the respondent's instruction on 17 December. The respondent withheld £1,458.34 gross in notice pay without good reason, constituting an unlawful deduction from wages.
Withdrawn by claimant prior to the hearing and dismissed.
Facts
Claimant was employed as Head Chef from 5 July 2023 at £35,000 per annum. On 25 November 2023, he sent front-of-house manager home due to illness when only one dinner reservation existed. Director Ms Gillespie arrived, reacted angrily, and the claimant resigned by email at 5:11pm giving four weeks' notice. Respondent claimed she verbally dismissed him for gross misconduct. Claimant continued working until 17 December when told to hand in keys. His employment ended on 23 December after full notice period.
Decision
The tribunal preferred the claimant's credible evidence over the respondent's inconsistent testimony. It found the claimant validly resigned with four weeks' notice on 25 November 2023, working until prevented by the respondent on 17 December. The respondent unlawfully withheld £1,458.34 gross in notice pay. The tribunal declined to apply an ACAS uplift for failure to hear a post-employment grievance as it would not have been just and equitable.
Practical note
Credibility findings are critical in disputed resignation versus dismissal cases, and employers cannot withhold notice pay where an employee gives contractual notice and is willing to work it but is prevented from doing so by the employer.
Award breakdown
Award equivalent: 2.2 weeks' gross pay
Legal authorities cited
Case details
- Case number
- 4104863/2024
- Decision date
- 6 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- self
Employment details
- Role
- Head Chef
- Salary band
- £30,000–£40,000
- Service
- 5 months
Claimant representation
- Represented
- Yes
- Rep type
- solicitor