Ms A Castro v The Spanish Way FC Ltd: 6017728/2025
JUDGMENT
[1]The claims for unauthorised deductions from wages and accrued holiday pay were withdrawn and dismissed. The claim for notice pay fails and is dismissed.REASONS
[2]Oral reasons were given to the parties. Either party may request written reasons within 14 days of this judgment being sent to them. Claimant: Ms A Castro Respondent: The Spanish Way FC LTD FULL MERITS HEARING AT LONDON CENTRAL Heard on 17 October 2025 Before: Employment Judge Nicolle For the Claimant: in person. For the Respondent: Mr L Faknule, solicitor.[1]The claims for unauthorised deductions from wages and accrued holiday pay were withdrawn and dismissed. The claim for notice pay fails and is dismissed.[2]Oral reasons were given to the parties. The Claimant requested written reasons and these are set out below.[3]The parties confirmed that the only outstanding issue was the Claimant’s potential entitlement to a notice period. I sought to deal with this matter relatively informally by discussing the position with the parties.[4]I explained to the Claimant that she did not qualify for a statutory notice period in accordance with section 86 of the Employment Rights Act 1996, as she did not have the minimum one month of employment.[5]The Claimant said that she was looking for a payment of about two weeks’ pay. I explained that the only potential entitlement would be a contractual one pursuant to the terms of her employment contract dated 10 February 2025 (the Employment Contract).[6]Clause 8.1 of the Employment Contract states that either party may terminate the agreement by providing two months’ written notice.[7]The Claimant was only employed for approximately 9 days. In a WhatsApp message sent at 14:38 on 24 February 2025, she said that she wanted to take a moment to thank the Respondent for the opportunity given saying. “After some reflection, I realise that this role isn't the right fit for me. While I truly appreciate the flexibility and support, I do feel as if my work style clashes here - coming from clubs such as Bloomsbury and Regent’s I have noticed the differences. I appreciate the time and effort you've invested in me and I wish the club continued success. Please let me know how I can assist in any next steps.”[8]The Claimant did not perform any work after this date.[9]She sent an email on 27 February 2025 stating that she was not given the opportunity to serve her notice period and that her immediate resignation was confirmed by Roberto [Gonzalez Garcia].[10]The Respondent replied in an email dated 3 March 2025, stating: “As stated, while we generally request employees serve their notice period, we understand that Roberto confirmed an immediate resignation in your case. We will proceed accordingly, and your resignation will be formally processed without requiring the notice period.”[11]Therefore, the Claimant neither worked nor received payment in lieu of her notice period.Conclusions
[12]I have to consider whether the Claimant has a contractual entitlement to receive payment in lieu of the two-month notice in the Employment Contract.[13]I find that she did not.[14]The requirement under the Employment Contract is that written notice is given. Whilst I leave open the possibility that notice by WhatsApp may have constituted written notice, I find that the Claimant did not give the required two months’ notice. There is no reference to her tendering notice of two months in accordance with clause 8.1. Rather, she gave an indication that she did not consider the working relationship to be conducive to her prior experience and wished not to continue. There was then a subsequent discussion pursuant to which the Claimant did not perform any further work for the Respondent.[15]Therefore, I find that the Claimant did not have an entitlement to payment in respect of that notice period.[16]For those reasons, the claim fails and is dismissed. Employment Judge Nicolle Dated: 17 October 2025 and with written reasons added on 3 November 2025 20 November 2025 ………...................................................................... ………......................................................................