Claimant v Cognitive Publishing Ltd (in administration)
Outcome
Individual claims
The tribunal found the complaint of constructive unfair dismissal to be well-founded. The claimant successfully demonstrated a fundamental breach of contract by the employer which entitled him to resign and claim constructive dismissal. The respondent did not attend to defend the claim.
The tribunal found the complaint of unlawful deductions from wages contrary to s13 Employment Rights Act 1996 to be well-founded. The claimant was entitled to unpaid bonus, commission for April and May 2024, and unpaid wages for the final three days of employment (21-23 May 2024).
Facts
Mr Cariss was employed by Cognitive Publishing Ltd for three years at a weekly wage capped at the statutory maximum of £700. The company entered administration and failed to pay him a bonus, commission for April and May 2024, and wages for his final three days of employment (21-23 May 2024). He resigned and claimed constructive dismissal. The respondent company, in administration, did not attend the hearing.
Decision
The tribunal found both claims well-founded. The claimant succeeded in his constructive unfair dismissal claim and was awarded a basic award of £3,150 based on three years' service. No compensatory award was made as he suffered no financial loss. He also succeeded in his unlawful deductions claim and was awarded £10,150.68 for unpaid bonus, commission, and final wages.
Practical note
When an employer in administration fails to pay contractual sums and an employee resigns, constructive dismissal may be established even where the employee finds new work immediately, though no compensatory award will be made for future loss.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2404705/2024
- Decision date
- 19 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- media
- Represented
- No
Employment details
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep