Claimant v Rother Valley Press Ltd
Outcome
Individual claims
The tribunal found that the employer's conduct constituted a fundamental breach of the implied term of trust and confidence, entitling the claimant to resign and treat himself as constructively dismissed. The claimant was entitled to resign on 19 December 2023 in response to the employer's repudiatory breach.
The tribunal found that the respondent made unauthorised deductions from the claimant's wages for the period from 3 August 2023 to 19 December 2023, totalling 19.7 weeks of unpaid wages at the claimant's weekly rate of £410 gross.
The tribunal found the respondent failed to provide the claimant with his contractual notice pay of two weeks at his gross weekly wage of £410, constituting a breach of contract.
The tribunal found the respondent failed to provide itemised pay statements as required under section 8(1) of the Employment Rights Act 1996.
Withdrawn by claimant.
Facts
Mr Lyward worked for Rother Valley Press Ltd for 26 years. The respondent failed to pay his wages from 3 August 2023 to 19 December 2023, and failed to provide itemised pay statements. The claimant resigned on 19 December 2023 in response to these breaches. He was 59 years old at the time of dismissal and entitled to two weeks' notice.
Decision
The tribunal found that the respondent's non-payment of wages and failure to provide pay statements constituted a fundamental breach of the implied term of trust and confidence, entitling the claimant to resign and claim constructive unfair dismissal. All claims succeeded except the holiday pay claim which was withdrawn. A preparation time order was awarded due to the respondent's unreasonable conduct.
Practical note
Persistent failure to pay wages and provide basic statutory entitlements like itemised pay statements can constitute a fundamental breach justifying constructive dismissal, and may also result in costs awards for unreasonable conduct in defending indefensible claims.
Award breakdown
Award equivalent: 111.7 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2306831/2023
- Decision date
- 28 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- media
- Represented
- Yes
- Rep type
- self
Employment details
- Salary band
- £15,000–£20,000
- Service
- 26 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister