Claimant v The Granary Team Valley

The tribunal found the respondent fundamentally breached the claimant's contract by failing to pay her an additional £1 per hour above the national minimum wage which was a term that transferred under TUPE. The respondent also breached the implied term of trust and confidence through cumulative conduct including criticism of her work in front of staff, non-payment of tax, refusing holiday entitlement, and not paying pension contributions. The incident on 8 May 2024 was the final straw causing the claimant to resign.

The tribunal found the dismissal was automatically unfair under the Transfer of Undertakings Regulations because it resulted from the transfer of the business and the change to the claimant's terms and conditions of employment, specifically the failure to honour the additional £1 per hour payment that was part of her contractual terms.

The tribunal found the respondent unlawfully deducted wages by failing to pay the claimant the additional £1 per hour above the national minimum wage for 5 weeks totalling £192.50, and failed to pay pension contributions of £74.70 over that period, for a total award of £267.20.

The tribunal found a breach of contract based on the failure to pay the correct rate of wages including the additional £1 per hour above the national minimum wage, which was an express term of the claimant's contract that transferred under TUPE.

The tribunal found the respondent breached the Working Time Regulations by failing to pay the claimant for accrued but untaken holiday at the correct rate, which should have included the additional £1 per hour. The claimant was awarded £192.50 for this claim.