Claimant v Selman Marine Design Ltd
Outcome
Individual claims
The respondent failed to pay the claimant since February 2025 and offered no work or correspondence since March 2025, causing the claimant to resign on 1 August 2025. The failure to pay an employee or offer them work is a fundamental breach of contract, satisfying the definition of dismissal under s95(1)(c) ERA 1996. The respondent provided no defence or potentially fair reason for dismissal, failing to discharge the burden of proof required under s98 ERA 1996.
The claimant was not paid for the months of June and July 2025. The respondent failed to enter a response and there was nothing to dispute the sums sought by the claimant for two months' unpaid wages at £2,781.88 per month.
Facts
The claimant was not paid by the respondent since February 2025 and received no correspondence from the respondent since March 2025. This led the claimant to resign on 1 August 2025. The claimant filed his claim on 26 August 2025, and the respondent failed to enter a response within the required 28-day period. The claimant sought payment for unpaid wages for June and July 2025 and a basic award for unfair constructive dismissal.
Decision
The tribunal found the claimant was constructively dismissed due to the respondent's fundamental breach of contract in failing to pay wages or provide work. With no response from the respondent to establish a fair reason for dismissal, the claim succeeded. The tribunal awarded a basic award of £16,896.50 and £5,563.76 for two months' unpaid wages.
Practical note
A complete failure by an employer to pay wages or provide work constitutes a fundamental breach justifying constructive dismissal, and failure to respond allows a Rule 21/22 default judgment.
Award breakdown
Award equivalent: 35.0 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 8002074/2025
- Decision date
- 14 October 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
Claimant representation
- Represented
- No