Claimant v British Telecommunications Plc
Outcome
Individual claims
The tribunal found that the employer's conduct was such that it amounted to a fundamental breach of contract entitling the claimant to resign and treat himself as constructively dismissed. The claimant successfully established that there was a breach going to the root of the contract and that he resigned in response to that breach.
The tribunal found that the employer breached contract by shortening the notice period and paying in lieu of notice without a contractual pay in lieu of notice clause. However, the claimant received the full three months notice pay to which he was entitled, so there was a technical breach but no financial loss.
The tribunal found that the respondent had failed to provide the claimant with an up to date written statement of particulars at the time he started the claim, which is a breach of the employer's statutory obligation under the Employment Rights Act 1996.
Facts
Mr Brown was employed by British Telecommunications plc with a three month notice period. His employer shortened his notice period and paid him in lieu without a contractual PILON clause. The claimant resigned and claimed constructive dismissal. The respondent also failed to provide him with an up to date written statement of particulars when he brought his claim.
Decision
The tribunal found in favour of the claimant on all claims. The constructive dismissal claim succeeded on the basis of fundamental breach of contract. The wrongful dismissal claim succeeded in principle, though the claimant had received the full notice pay owed. The failure to provide written particulars also succeeded.
Practical note
Employers cannot unilaterally shorten notice periods and make payments in lieu without an express contractual PILON clause, even if the employee receives full notice pay.
Legal authorities cited
Statutes
Case details
- Case number
- 2402388/2024
- Decision date
- 5 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- telecoms
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister