Cases3306108/2024

Claimant v Peterborough Bakery Limited

25 April 2025Before Employment Judge DobbieCambridgein person

Outcome

Claimant succeeds£17,434

Individual claims

Constructive Dismissalsucceeded

The tribunal found the claim for constructive unfair dismissal well founded and upheld it. Reasons were given orally at the hearing. The claimant successfully established a fundamental breach of contract by the respondent that entitled him to resign and treat himself as dismissed.

Unlawful Deduction from Wagessucceeded

The tribunal upheld the claim for unlawful deduction from wages for work done in February and March 2024. The respondent had failed to pay the claimant for work performed during these months, amounting to £913.17 net (approximately £1212.00 gross).

Holiday Paysucceeded

The tribunal upheld the claim for accrued untaken annual leave in the claimant's final leave year. The claimant was owed £720.00 gross for holiday entitlement that had accrued but not been taken before termination.

Breach of Contractsucceeded

The tribunal upheld the notice pay claim, finding the respondent had breached the contract by failing to provide proper notice. However, no further damages fell due beyond those already awarded, likely because the claimant found new employment shortly after termination.

Facts

The claimant was employed by Peterborough Bakery Limited and resigned, claiming constructive dismissal. The respondent had failed to pay the claimant for work performed in February and March 2024 and owed holiday pay for accrued but untaken leave. The respondent also failed to provide proper notice. The claimant found new employment just over a week after resignation. The respondent failed to attend the hearing.

Decision

The tribunal upheld all claims brought by the claimant: constructive unfair dismissal, unlawful deduction of wages, holiday pay, and notice pay. The tribunal awarded £14,802.10 for unfair dismissal (£13,500 basic award and £1,302.10 compensatory award), £1,212.00 gross for unpaid wages, and £720.00 gross for holiday pay. The low compensatory award reflected the claimant's rapid re-employment.

Practical note

Failure to pay wages and other contractual breaches can constitute a fundamental breach entitling an employee to resign and claim constructive dismissal, with rapid re-employment significantly limiting loss.

Award breakdown

Basic award£13,500
Compensatory award£1,302
Holiday pay£720
Unpaid wages£1,212

Case details

Case number
3306108/2024
Decision date
25 April 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
manufacturing
Represented
No

Claimant representation

Represented
Yes
Rep type
barrister