Claimant v Linga International Limited
Outcome
Individual claims
The tribunal found the respondent in breach of contract for failing to pay the claimant arrears of pay owed during employment.
The tribunal found the respondent in breach of contract for failing to provide proper notice pay upon termination of employment.
The tribunal found the claimant was unfairly constructively dismissed. The respondent's conduct constituted a fundamental breach of contract entitling the claimant to resign and claim unfair dismissal.
The tribunal found the respondent breached its statutory duty under s.1 Employment Rights Act 1996 to provide the claimant with written statement of employment particulars.
Facts
The claimant was employed by the respondent company. The respondent failed to pay wages owed, failed to provide a written statement of employment particulars, and failed to follow ACAS procedures. The claimant resigned and brought claims for constructive unfair dismissal, breach of contract for arrears and notice pay, and failure to provide written particulars. The respondent did not attend the remedy hearing.
Decision
The tribunal found all claims well-founded. The claimant was constructively and unfairly dismissed. The tribunal awarded compensation for unfair dismissal at the statutory cap (£34,452.88), arrears of pay, notice pay, an award for failure to provide written particulars, and applied a 25% ACAS uplift for the respondent's unreasonable failure to follow the ACAS Code.
Practical note
Failure to attend remedy hearings, pay wages properly, provide basic employment documentation, and follow ACAS procedures can result in substantial awards including maximum ACAS uplifts and capped compensatory awards.
Award breakdown
Adjustments
The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. A 25% uplift was applied to all awards.
Legal authorities cited
Statutes
Case details
- Case number
- 2301920/2024
- Decision date
- 5 February 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister