Islanders Vets Win Appeal Over Notice Pay Dispute with Veterinary Nurse
Islanders Vets overturn Employment Tribunal's ruling on notice pay owed to ex-employee Gemma Mortland. The Employment Appeal Tribunal cited errors in the original judgment.
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Islanders Vets Triumph in Notice Pay Appeal
Islanders Vets have successfully appealed a decision by the Employment Tribunal regarding a notice pay dispute with their former employee, Ms Gemma Mortland. The Employment Appeal Tribunal (EAT) overturned part of the original judgment, finding that the tribunal had erred in its assessment of the employee's contractual notice period and whether a dismissal had occurred.
Background of the Case
The initial Employment Tribunal had awarded Ms Mortland compensation for unauthorised deductions, holiday pay, and notice pay following her resignation from her position as a student veterinary nurse/groomer. Islanders Vets appealed the notice pay portion of the award.
Key Tribunal Findings
The EAT, presided over by Deputy Judge of the High Court, Judge Bowers KC, examined the correspondence between Ms Mortland and Islanders Vets. Ms Mortland had submitted her resignation on 7 October 2019, offering to work a two-month notice period but also requesting to be released sooner if possible. Islanders Vets responded, initially setting her last day as 11 October, then later as 9 October. The original tribunal considered the communications to be wrongful dismissal.
EAT's Decision and Reasoning
The EAT disagreed with the original tribunal's assessment, stating that the communications were more accurately interpreted as an agreement to a resignation on mutually agreed terms. Crucially, the EAT found that the original tribunal had failed to adequately consider the employee's contract of employment, which stipulated a one-week notice period for termination by the employer during the first year of employment. The authority of Janciuk v Winerite Ltd [1998] IRLR 63 shows that the maximum award is defined by the timescale of the period of notice that the employer had to give.
Judge Bowers KC stated, "I do not see that there was a wrongful dismissal. I do not therefore find that the employee was entitled to notice pay. If I am wrong in that, the award should be no more than one week’s money, rather than the longer period that was given."
Outcome of the Appeal
As a result of the appeal, the EAT concluded that no further money was to be awarded beyond the initial amounts for unauthorised deductions and holiday pay.
Read the entire judgement here: Islanders Vets v Ms Gemma Mortland [2025] EAT 72
