Claimant v Elutions Ltd
Outcome
Individual claims
Interim relief granted under s.128 ERA. Tribunal found it likely that at final hearing the claimant would succeed in proving automatic unfair constructive dismissal under s.103A ERA. The tribunal found protected disclosures were made regarding non-payment of national minimum wage and failure to make pension contributions, and that the principal reason for the respondent's repudiatory breach (including suspending system access and failing to pay wages) was the making of those disclosures.
Part of the automatic unfair dismissal claim under s.103A. Tribunal found it highly likely the claimant would establish repudiatory breach consisting of failure to pay national minimum wage, failure to make pension contributions, suspending system access without notice, and failing to pay August 2025 salary. Claimant resigned immediately after non-payment of wages (the 'last straw') and did not affirm the contract.
Ordinary unfair dismissal claim was included in the claim form but was not relevant for the interim relief application which focused on the automatic unfair dismissal claim under s.103A ERA. The outcome of this claim will be determined at final hearing.
Facts
The claimant worked as an Intelligent Enterprise Solutions Engineer from April 2017 on a salary of £18,000 per annum, below the national minimum wage. He raised concerns about underpayment and missing pension contributions internally from late 2019 onwards. In March 2025 he made formal complaints to HMRC and the Pensions Regulator. On 1 April 2025 the respondent suspended his system access without explanation. His salary payments stopped in August 2025. He resigned on 9 September 2025 citing constructive dismissal and applied for interim relief.
Decision
The tribunal granted interim relief, finding it likely the claimant would succeed at final hearing on his automatic unfair constructive dismissal claim under s.103A ERA. The tribunal found it likely that the claimant made protected disclosures about national minimum wage non-compliance and pension contribution failures, that the respondent committed repudiatory breaches including suspending system access and failing to pay wages, and that the principal reason for these actions was the claimant having made protected disclosures. A continuation of employment order was made requiring the respondent to pay outstanding salary and reinstate pension contributions.
Practical note
Employers who respond to protected disclosures about wage underpayment by suspending access to systems and then failing to pay wages entirely face a high likelihood of being found to have automatically unfairly dismissed the employee, justifying interim relief orders.
Legal authorities cited
Statutes
Case details
- Case number
- 6033336/2025
- Decision date
- 1 December 2025
- Hearing type
- interim
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Elutions Ltd
- Sector
- technology
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Intelligent Enterprise Solutions Engineer
- Salary band
- £15,000–£20,000
- Service
- 8 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep