Claimant v Lee-Anne Plumb
Outcome
Individual claims
The tribunal found that R2 dismissed the claimant within the definition of section 95(1)(c) ERA 1996, meaning it was a constructive dismissal with an effective date of termination of 1 November 2024. The dismissal was also found to be unfair.
The tribunal determined that R2 unfairly dismissed the claimant following the constructive dismissal. The claimant was awarded a basic award of £924.80 but no compensatory award as losses were assessed at zero.
The tribunal found R2 dismissed the claimant in breach of contract by failing to give the required notice period of 4 weeks. However, damages were assessed at zero suggesting the claimant suffered no financial loss from the notice pay failure.
The tribunal found R2 breached the Working Time Regulations 1998 by failing to provide the claimant with any period of paid time off during the entire 4.7918 year employment period. The claimant was awarded £6,204.04 representing 4.7918 years x 5.6 weeks x £231.20 weekly pay.
Facts
The claimant was employed by Alexanderplumb Ltd (R2) for 4.7918 years on a weekly gross pay of £231.20. The first respondent, Lee-Anne Plumb, was found to have no employment contract with the claimant. R2, which is in creditors voluntary liquidation, failed to provide paid holiday throughout the employment, failed to provide a statement of employment particulars, and constructively dismissed the claimant effective 1 November 2024. R2 did not appear at the hearing.
Decision
The tribunal found all claims against R1 should be dismissed as there was no employment relationship. R2 was found liable for constructive unfair dismissal, wrongful dismissal (failure to give 4 weeks notice), and breach of Working Time Regulations. The claimant was awarded £8,053.64 comprising a basic award, holiday pay for the entire employment period, and an award for failure to provide employment particulars, though compensatory losses were assessed at zero.
Practical note
Employers who fail to provide any paid annual leave throughout the entire employment relationship will be liable for the full statutory entitlement accrued, which can result in substantial awards even where other losses are minimal.
Award breakdown
Award equivalent: 34.8 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6017118/2024
- Decision date
- 5 December 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Lee-Anne Plumb
- Sector
- —
- Represented
- No
Employment details
- Salary band
- Under £15,000
- Service
- 5 years
Claimant representation
- Represented
- No