Claimant v Proper Group AG

The tribunal found the claimant was constructively and unfairly dismissed by the Second Respondent on 26 August 2024 contrary to Part X of the Employment Rights Act 1996. The respondent had failed to pay wages from 25 March 2024 and failed to make pension contributions, amounting to a fundamental breach of contract entitling the claimant to resign and claim constructive dismissal.

The tribunal found the claimant was dismissed by reason of redundancy when the Second Respondent entered creditors voluntary liquidation on 26 November 2024. The claim for redundancy payment succeeded, but no separate award was made as the claimant had already been awarded a basic award for unfair dismissal.

The tribunal found the claimant was entitled to three months' notice which was not given, and the respondent failed to pay 5% employer pension contributions from 25 March 2024 to 26 August 2024. The claimant was awarded damages of £3,058.44 for the unpaid pension contributions; the notice pay loss was already compensated in the unfair dismissal compensatory award.

The tribunal found the Second Respondent unlawfully deducted wages by failing to pay the claimant's salary and cash allowance between 25 March 2024 and 25 August 2024, a period of 4 months. The claimant was awarded £48,833.32 representing the unpaid gross salary and cash allowance for this period.