Claimant v Barker Care Limited

The tribunal found that the claimant was not constructively dismissed. This means the tribunal concluded that the respondent had not committed a fundamental breach of contract that entitled the claimant to resign and treat themselves as dismissed.

The unfair dismissal claim failed as a consequence of the constructive dismissal claim failing. Without establishing that the claimant was dismissed (either actually or constructively), there can be no finding of unfair dismissal.

The tribunal found that the claimant's holiday pay in March 2024 was underpaid by £577.83 gross, constituting an unlawful deduction from wages. The tribunal also found that holiday pay accrued and outstanding on termination amounting to £1,155 gross had not been paid, which was also an unlawful deduction.

The tribunal upheld two separate holiday pay claims: underpayment of £577.83 for March 2024 holiday pay, and £1,155 for accrued and outstanding holiday pay on termination. Both awards were treated as unlawful deductions from wages.