Cases→1806457/2023

Claimant v GAP Group Limited

16 January 2024Before Employment Judge A JamesNorth East Regionremote video

Outcome

Claimant fails

Individual claims

Breach of Contractstruck out

The tribunal found the respondent lawfully terminated the claimant's contract by giving one week's notice (to which he was entitled under contract) and making a payment in lieu of notice as permitted by the contract and Employee Handbook. The claimant was paid all sums due on termination. Since there was no breach of contract, the claim had no reasonable prospect of success and was struck out under Rule 37.

Facts

The claimant was employed as a service driver from November 2021 to September 2023. He went on sick leave in July 2023 due to shoulder pain, which he said originated from a workplace accident in November 2022. The respondent suspected dishonesty after viewing CCTV showing the claimant loading wood onto his car in July 2023. On 7 September 2023, the respondent dismissed the claimant with one week's notice pay in lieu, citing concerns about dishonesty but avoiding formal gross misconduct proceedings. The claimant brought a breach of contract claim.

Decision

The tribunal struck out the claim because it had no reasonable prospect of success. The claimant's contract entitled him to one week's notice (having less than two years' service) and expressly permitted payment in lieu of notice. The respondent lawfully terminated the contract by providing notice pay. Since the claimant received all contractual entitlements, there was no breach of contract.

Practical note

Where a contract permits payment in lieu of notice and the disciplinary procedure is expressly non-contractual, an employer can lawfully dismiss by paying notice without following any disciplinary process, leaving no viable breach of contract claim.

Legal authorities cited

Hasan v Tesco Stores Ltd UKEAT/0098/16Lavarack v Woods of Colchester [1967] 1 QB 278Janciuk v Winerite Ltd [1998] IRLR 63Edwards & ors v Chesterfield Royal Hospital NHS Foundation Trust & ors [2012] IRLR 129HM Prison Service v Dolby [2003] IRLR 694

Statutes

Employment Tribunal Rules of Procedure 2013, Rule 37Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, Article 3

Case details

Case number
1806457/2023
Decision date
16 January 2024
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
GAP Group Limited
Sector
logistics
Represented
Yes
Rep type
barrister

Employment details

Role
Service Driver - 26T
Service
2 years

Claimant representation

Represented
No
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