Personal Assistant dismissed during notice period: employer entitled to act on repudiatory breach
A tribunal rejected a wrongful dismissal claim from a PA with six months' service who was summarily dismissed after blocking her manager on WhatsApp and returning the business phone unattended. No compensation was awarded.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Personal Assistant from 6 June 2022.
- The contract provided for 4 weeks' notice for employees with one month to two years' service.
- The claimant gave notice on 16 November 2022, offering to work beyond the notice period.
- The respondent proposed a shorter notice period, which the claimant rejected.
- The claimant refused to meet with her manager, blocked her on WhatsApp, and left the business phone unattended.
- The respondent summarily dismissed the claimant for repudiatory breach on 22 November 2022.
Timeline
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Employment start date
The claimant began working as a Personal Assistant for the respondent.
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Claimant gives notice
The claimant emailed the respondent to resign, offering to work beyond her 4-week notice period until Christmas.
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Conversation about notice
The respondent did not commit to the extended notice period and said she would discuss with her business partner.
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Lateness and early departure
The claimant arrived late and left early without informing her manager.
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Respondent proposes shorter notice
The respondent emailed the claimant proposing one week's notice plus gardening leave. The claimant rejected this, insisting on 4 weeks' notice.
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Claimant blocks manager and returns phone
The claimant blocked the respondent on WhatsApp, left the staff WhatsApp group, and returned the business phone unattended. The respondent terminated her employment with immediate effect for gross misconduct.
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Unfair dismissal claim struck out
The unfair dismissal claim was struck out due to insufficient service (less than 2 years).
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Hearing for wrongful dismissal claim
The tribunal heard evidence and submissions on the breach of contract claim.
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Judgment issued
The tribunal dismissed the wrongful dismissal claim, finding the claimant had committed a repudiatory breach.
The legal issue
The tribunal had to decide whether the employer was entitled to dismiss the claimant without notice because of her repudiatory breach of contract, and whether she was owed any pay for the contractual notice period.
The outcome
The tribunal dismissed the claim for wrongful dismissal.
The key reason was that the claimant's actions on 22 November 2022 — blocking her manager on WhatsApp, leaving the staff WhatsApp group, and returning the business phone unattended — were clear indications that she no longer intended to be bound by her contract. This constituted a repudiatory breach, which the employer accepted by summarily dismissing her.
As the claimant was in repudiatory breach, she was not entitled to any notice pay. No compensation was awarded.
Lessons & takeaways
- Employees with less than two years' service cannot claim unfair dismissal, but may still bring a wrongful dismissal claim for breach of contract.
- Resigning does not give an employee the right to dictate the notice period — if the employer proposes a shorter period, refusing to negotiate can lead to conflict.
- Blocking a manager on work-related messaging platforms and abandoning work equipment can be seen as a repudiatory breach, justifying summary dismissal without notice.
- Employers are entitled to accept a repudiatory breach and dismiss immediately, even if the employee has already given notice.
This case shows how quickly a resignation can turn into a dismissal without notice when an employee refuses to cooperate with their employer's reasonable proposals.
What happened
The Personal Assistant had only been in post for five months when she emailed her resignation, offering to work beyond her four-week notice period until Christmas. Her employer did not immediately agree and instead proposed a shorter notice period with gardening leave. The claimant rejected this and insisted on working the full four weeks. Matters escalated when she arrived late, left early without informing her manager, and then blocked her manager on WhatsApp, left the staff WhatsApp group, and returned the business phone unattended.
The employer treated this as gross misconduct and dismissed her with immediate effect. The tribunal agreed that her actions amounted to a repudiatory breach — she had made it clear she no longer intended to be bound by the contract.
What the employer did right
The employer acted swiftly but had a clear basis for its decision. The tribunal noted that the claimant's conduct went beyond a simple disagreement over notice periods; it demonstrated a clear intention to abandon her duties. By accepting the repudiatory breach, the employer was entitled to dismiss without notice and without pay in lieu.
What this means for similar claims
For employees, this case is a reminder that resigning does not give you the right to dictate terms. If you refuse to engage with your employer's reasonable proposals and take steps that show you are walking away from your obligations, you risk losing any entitlement to notice pay. For employers, it confirms that clear acts of repudiation — such as blocking contact and abandoning work equipment — can justify summary dismissal, even during a notice period.
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