Mrs A Paun (1) Mr I Paun (2) v Greenfield Holdings Limited — 2024

Mr and Mrs Paun brought claims against Greenfield Holdings Limited arising from the end of their employment at the Lamb Inn No2 in Ringwood. The hearing proceeded in the respondent's absence under Rule 47 after Mr Greenfield's late application for postponement was refused as not in accordance with Rule 30A and the overriding objective. The tribunal worked through an agreed list of issues covering constructive dismissal, notice pay, unauthorised deductions for cleaning/preparation work and a bonus, and holiday pay, relying on the claimants' oral evidence, position statements and documents on the file.

The tribunal found both claimants had been constructively dismissed and, having resigned with immediate effect without notice or payment in lieu, were also wrongfully dismissed and each entitled to one week's pay as damages for breach of contract (£423.07 for Mrs Paun and £538.46 for Mr Paun, calculated on gross pay to reflect likely tax treatment as Post Employment Notice Pay). Mrs Paun's claim for unpaid cleaning and preparation work in her final two weeks was upheld as an unlawful deduction from wages and a breach of contract, with £337.50 awarded.

The bonus claims by both claimants were dismissed because the amount of the bonus had never been specified and there was insufficient certainty as to the terms for a contractual agreement. Mr Paun's holiday pay claim under the Working Time Regulations 1998 was upheld, with £215.38 awarded in respect of two days' accrued but untaken leave.