Kyalo v Dandara Jersey Limited: [2024] TRE 177

Mr Kyalo was employed by Dandara Jersey Limited (the Employer) as a multi-skilled labourer from 1^st August 2022 to 19^th July 2024.  Mr Kyalo brought claims against the Employer for direct racial discrimination, unfair dismissal and compensation for failure to give notice.

The Tribunal found no evidence to support Mr Kyalo’s allegation that his dismissal was motivated by reason of Mr Kyalo’s race.

However, regarding the unfair dismissal claim, the Tribunal determined that Mr Kyalo did not resign but was dismissed when his fixed-term contract was not renewed.  The Tribunal concluded that the Employer did not genuinely believe that Mr Kyalo had resigned and there was no fair reason or procedure followed for the dismissal.  Consequently, the Tribunal held that Mr Kyalo had been unfairly dismissed and awarded him £1,242.00 in compensation amounting to the equivalent of two weeks’ pay.

The claim for failing to give notice was dismissed by the Tribunal.  This was because Mr Kyalo was no longer in Jersey following his dismissal and no evidence was produced to suggest that he could have worked remotely. As such Mr Kyalo could not demonstrate that he would have been paid even though he was unable to work and thus had not demonstrated to the Tribunal that he had suffered any loss as a result of the Employer’s failure to give notice.

This case emphasises that an employer must have clear evidence of an employee’s resignation.  If there is any ambiguity, the Tribunal may rule that the employee was dismissed and not that they resigned.