1. Wrongful Dismissal. The ET found that the Appellant (Claimant below) had been wrongfully dismissed. He had resigned with immediate effect accepting the Respondent’s repudiatory breach in failing to pay a contractual sum due. The ET erred in calculating damages for wrongful dismissal. It limited the Appellant’s damages to 14 days, relying on an express term that would have permitted the Appellant to terminate on 14 days’ notice, rather than considering when the Respondent could lawfully have terminated the contract. Appeal allowed; remitted to ET for assessment of damages.
2. Holiday pay. The ET found that the Appellant was entitled to a payment in respect of arrears of holiday pay on termination. It erred in making a pro rata deduction to the holiday pay, to reflect the Appellant’s part-times hours. Harpur Trust v Brazel [2019] IRLR 1012 applied. Appeal allowed, order in correct sum substituted.
[2020] UKEAT 0273 – 19 – 0402
Bailii
England and Wales
Employment
Updated: 12 November 2021; Ref: scu.653262