Ms B Obeng v DOC Cleaning Ltd — 2022

Ms B Obeng brought claims of constructive unfair dismissal and unlawful deductions from wages against Doc Cleaning Limited. The tribunal found that the early NMG pay complaint from 2018-19 had been resolved by 17 April 2019 and could not be relied on as a continuing breach. It accepted the respondent's evidence that later changes to Bannatyne, Momenta, Forest Brown, Shook Hardy and Bacon and DVB Bank work were client-led contract variations that the claimant signed, and it rejected the allegation that signatures had been forged. The tribunal also found that the claimant was not spoken to aggressively about the Momenta hours and that the complaint raised in December 2020 was handled informally, with the claimant given the opportunity to escalate it formally or meet the Operations Director if she wished.

The tribunal found that the claimant's resignation on 20 May 2021 did not follow any repudiatory breach by the respondent. It accepted the respondent's account of the 17 May 2021 telephone call, including that the claimant said she would not return to work and would contact her solicitor, and it rejected the allegation that Ms Oliva was acting aggressively. On that basis, there was no constructive dismissal within section 95(1)(c) ERA 1996 and the constructive unfair dismissal claim was dismissed.

On the pay claims, the tribunal held that the complaints relating to alleged deductions before August 2019 were out of jurisdiction under section 23(4A) ERA 1996. It held that the later complaints from May 2020 to May 2021 were presented in time as series claims, including the furlough and holiday pay complaints, but it found there was insufficient evidence that any further sums were properly payable and unpaid. The tribunal therefore found no unlawful deductions from wages, including no proven shortfall in holiday pay, and dismissed the claim in full.