Case 2401548/2020 · Employment Tribunal
Claimant v Britannia Hotels Limited — 2021
- Case reference
- 2401548/2020
- Decision date
- 6 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shotter
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe tribunal found that Britannia Hotels Ltd breached the implied term of trust and confidence and that the breach was sufficiently serious to amount to a fundamental breach of contract. It found that the claimant did not affirm the contract and resigned as a result of the breach, so her claim for constructive unfair dismissal was well-founded and she was unfairly dismissed.
On remedy, the tribunal ordered the respondent to pay £9,621.16. The judgment states that this comprised a basic award of £4,468.75, £300 for loss of statutory rights, and a compensatory award of £4,852.42 for loss of earnings, with the compensatory figure also described in the judgment by reference to £3,883.41 and £969.
The unlawful deduction from wages complaint was dismissed on limitation grounds. The tribunal found that the complaint was brought outside the statutory time limit from when the full wages became payable in April and May 2019, that it was reasonably practicable for the complaint to have been presented before the end of the three-month period, and that it was not brought within any further reasonable period the tribunal considered reasonable.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal found a breach of the implied term of trust and confidence amounting to a fundamental breach of contract. It found the claimant did not affirm the contract and resigned because of that breach, and held that the claimant was unfairly dismissed and that her constructive unfair dismissal claim was well-founded. The written judgment awards £9,621.16 in total, including a basic award of £4,468.75, £300 for loss of statutory rights and a compensatory award of £4,852.42 for loss of earnings; the judgment also refers to figures of £3,883.41 and £969 within that compensatory sum. | Upheld | — | £9,621 |
| Unlawful deduction from wages | Dismissed as out of time. The tribunal found the complaint was presented outside the statutory three-month time limit from when the wages became payable in April and May 2019, that it was reasonably practicable for the complaint to have been presented in time, and that it was not brought within any further reasonable period the tribunal considered reasonable. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £9,621
- across all upheld claims
- Basic award
- £4,469
- statutory, unfair dismissal
- Compensatory award
- £4,852
- compensatory remedy recorded
Legal tests applied
4 references- implied term of trust and confidence
- fundamental breach
- reasonably practicable
- further period as the Tribunal considers reasonable
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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