Mrs CT Robinson v Bretingtons Limited — 2019

Mrs CT Robinson began work for Bretingtons Limited on 15 November 2015 as a receptionist/booking coordinator. The tribunal accepted her evidence that she needed 40 hours’ work each week, that the written terms stated she would work a minimum of 40 hours per week, and that she was paid £11 per hour. On 14 August 2018 the respondent told her that her contracted hours were reduced to 30 hours a week. She wrote the following day objecting to the unilateral reduction and resigned with effect from 24 August 2018. The respondent did not consider her grievance and did not attend the hearing; the tribunal noted that it was in creditors’ voluntary liquidation.

Applying the constructive dismissal authorities it cited, including section 95(1)(c) ERA 1996, Western Excavating v Sharp, Nottinghamshire CC v Meikle, and Malik v BCCI, the tribunal found that the respondent’s reduction of hours without notice or consultation was an objective breach of the implied term of trust and confidence. It also found that the claimant resigned in response to that breach and without delay, so she was constructively dismissed. For the unfair dismissal claim, the respondent failed to show any potentially fair reason for dismissal, and the dismissal was therefore unfair under section 98(4) ERA 1996.

The tribunal accepted the claimant’s schedule of loss for the compensatory award. It awarded a basic award of £1,320.00, a compensatory award of £4,698.24 made up of loss of wages, loss of pension contributions, and loss of statutory rights, and a 25% uplift of £1,174.56 because the respondent unreasonably failed to comply with the ACAS Code of Practice by not dealing with the written grievance. It also awarded £880.00, being two weeks’ pay, under section 38 of the Employment Act 2002 because the written statement of particulars was defective, including an incorrect employer name. The total award was £8,072.80.