Claimant v Fish Composites Limited
Outcome
Individual claims
The tribunal found that the claimant was not given notice of dismissal at the meeting on 25 July 2023 but was instead informed he was at risk of redundancy with a consultation period. The supposed 'last straw' (the conduct during the week of 24 July 2023) either did not occur as alleged (the notice of dismissal) or was innocuous (the email taking him off risk of redundancy). The claimant failed to establish the final straw necessary for a constructive dismissal claim, and had affirmed any earlier breaches by continuing to work.
The claim for notice pay was dependent on there being a constructive dismissal. As the tribunal found no constructive dismissal had occurred, the notice pay claim failed as well.
The respondent accepted that it had wrongfully deducted three days' holiday pay (£569.00) from the claimant's final salary. The tribunal ordered payment of this amount if not already paid to the claimant since the hearing.
Facts
The claimant, a Senior Naval Architect employed since 2016 by a small design firm, was told on 25 July 2023 that he was at risk of redundancy due to financial difficulties. He believed he had been given notice of dismissal to take effect on 31 July 2023, though the respondent said this was a consultation period. At the end of the week, the respondent withdrew the redundancy proposal after obtaining legal advice and securing additional work. The claimant, who had ongoing grievances about pay, pension contributions, and deteriorating relations, resigned on 4 August 2023 claiming constructive dismissal.
Decision
The tribunal found that the claimant was not given notice of dismissal on 25 July 2023, but was told he was at risk of redundancy with a consultation period. The supposed 'last straw' did not amount to a repudiatory breach, and the claimant had affirmed any earlier breaches by continuing to work. The constructive dismissal and notice pay claims failed. The tribunal upheld the unlawful deduction of wages claim (£569 holiday pay) and awarded four weeks' pay (£2,572) under s38 Employment Act 2002 for the respondent's complete failure to provide written employment particulars.
Practical note
A claimant alleging constructive dismissal must establish that the final straw occurred as alleged; long-standing grievances that have been affirmed by continued working cannot form the basis of a constructive dismissal, and an employer's withdrawal of a redundancy proposal cannot constitute a last straw.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3310809/2023
- Decision date
- 1 December 2024
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Senior Naval Architect
- Service
- 8 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister