According to an Employment Tribunal judgment, in August 2015, the two employees took annual leave to return home, taking a ferry to France and then driving to Portugal.
Both employees were due to return to work on Monday 24 August. However, the day before they were expected to be back at work, one of them sent a text message to his manager explaining that there was heavy traffic in Spain and that they would not be able to arrive in time to catch their ferry.
The following Tuesday, after returning to work, both men attended an investigatory meeting with their manager where they maintained that they would not have been able to reach their ferry to Jersey in time.
It is claimed, however, that their manager saw pictures of one of the employees at a football match on Facebook on the Sunday, which had aroused his suspicions.
However, after the case was brought before a tribunal, it was found that the men’s behaviour did constitute a breach of contract.
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