Claimant v Lorne Fisheries Ltd
Outcome
Individual claims
The tribunal found a cumulative breach of the implied term of trust and confidence. The respondent repeatedly failed to pay wages on time or in full from June 2024 onwards, and from September 2024 to January 2025 failed to respond to the claimant's requests for information about unpaid wages or make any enquiry about her health and wellbeing while she was signed off sick. The final act of no communication in January 2025, though not repudiatory alone, was the last straw in a course of conduct that entitled the claimant to resign. The claimant resigned in response to these breaches.
The respondent breached the claimant's written contract of employment by failing to pay employer pension contributions and failing to remit deducted employee pension contributions to the claimant's Aviva and Nest pension schemes from 1 November 2024 to 16 January 2025. The claimant's unchallenged evidence was that the total unpaid contributions amounted to £536.09.
The tribunal found that the claimant was not dismissed by reason of redundancy. The claim for statutory redundancy payment was not well-founded and was dismissed.
Facts
The claimant worked for the respondent for nearly 29 years as Marketing and Operations Manager. From June 2024 onwards, wages were paid late, partially or not at all. The claimant went off sick in September 2024 due to work-related stress. Despite repeated requests for information about unpaid wages and for welfare support, the respondent failed to respond between September 2024 and January 2025. The claimant resigned on 16 January 2025 citing the non-payment of wages and lack of support and communication. The respondent also failed to pay pension contributions from November 2024 to January 2025.
Decision
The tribunal found the claimant was unfairly constructively dismissed. The respondent's cumulative failures to pay wages and respond to the claimant's requests, culminating in complete silence in January 2025, amounted to a repudiatory breach of the implied term of trust and confidence. The tribunal awarded £55,210.95 for unfair dismissal (with grossing up applied to part of the compensatory award) and £536.09 for breach of contract relating to unpaid pension contributions. The redundancy pay claim failed as the dismissal was not by reason of redundancy.
Practical note
Prolonged non-payment of wages combined with a complete failure to communicate with a long-serving employee on sick leave can constitute a cumulative breach of trust and confidence justifying constructive dismissal, even where no single act would be repudiatory on its own.
Award breakdown
Award equivalent: 47.9 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 8000799/2025
- Decision date
- 20 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Marketing and Operations Manager
- Salary band
- £60,000–£80,000
- Service
- 29 years
Claimant representation
- Represented
- No