Claimant v Peterborough Bakery Limited
Outcome
Individual claims
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.
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).
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.
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
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