Claimant v Super-Max Limited
Outcome
Individual claims
The tribunal found the claimant was not paid salary from 1 January 2024 to 14 August 2024. Despite the respondent alleging the claimant did not work full hours, the evidence showed she remained available and performed work as required. The respondent took no disciplinary action and the claimant was entitled to her contractual wages for the entire period.
The claimant was entitled to payment for 15.5 days (3.1 weeks) of accrued but untaken holiday calculated from her annual entitlement of 25 days as at the effective date of termination on 14 August 2024, having carried over 10 days from the previous year and taken 10 days in 2024. This was payable under both her contract and the Working Time Regulations 1998.
By failing to pay the claimant for almost 8 months, the respondent was in fundamental and repudiatory breach of contract, entitling the claimant to resign and treat herself as constructively dismissed. She was therefore entitled to 12 weeks' notice pay. The respondent's allegation that she abused her position in November 2023 was rejected, and in any event that conduct had been waived by the respondent continuing her employment.
Facts
The claimant was a Vice President with 26 years' service who was not paid from January to August 2024 due to the respondent's financial difficulties after its Indian supplier shut down in September 2022. She continued to work and remain available during this period, taking holiday with agreement and attending weekly calls. After being told no further funding would be provided to the UK business, she resigned on 14 August 2024. The respondent alleged she had not worked full hours and had abused her position in November 2023 by paying herself but not a colleague.
Decision
The tribunal found the claimant had continued to work and remain available as required, rejecting the respondent's evidence that she had significantly reduced her working. The failure to pay for almost 8 months was a repudiatory breach entitling her to resign, and she was awarded arrears of wages (£41,286.67), accrued holiday pay (£3,966.70) and notice pay (£15,354.96), totalling £60,608.33 net. The tribunal also refused the respondent's application to take evidence by video link from witnesses in the UAE.
Practical note
A sustained failure to pay wages over many months will constitute a fundamental breach of contract entitling an employee to resign and claim constructive dismissal without working notice, even where the employer alleges the employee did not work full hours but took no disciplinary action at the time.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6010748/2024
- Decision date
- 4 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Vice President
- Service
- 26 years
Claimant representation
- Represented
- No