Claimant v Home Angels Healthcare Services Limited

The tribunal found no dismissal occurred on 31 May 2023. Although the respondent removed the claimant's work and failed to respond to her grievance, the reasonable observer would not understand this as a dismissal but rather as the respondent wrongly insisting she was on a zero hours contract and refusing to provide work. The claimant did not resign, so no constructive dismissal occurred. The employment was not terminated until at least 19 January 2024 when a P45 was issued.

The tribunal found the claimant was entitled to payment for 66 days (29 May to 2 August 2023 inclusive). She was ready and willing to work on 29-30 May but could not do so because the respondent had not paid her and she could not afford petrol. On 31 May and thereafter until 2 August, her work was unjustifiably removed by the respondent. After 2 August, when work was offered and she did not respond, she was no longer ready and willing to work.

The claim for unpaid notice pay failed because the tribunal found the claimant was not dismissed during the relevant period. The claim was dependent on establishing dismissal.

The claim for holiday pay failed because the tribunal found the claimant was not dismissed during the relevant period. The parties had agreed she would be entitled to 4.3 days holiday pay if dismissed, but as no dismissal was found, the claim failed.