Mr Anthony Oram v Barrier Ex Limited (In Administration) — 2021

Mr Anthony Oram brought claims against Barrier Ex Limited (In Administration) for unfair dismissal, breach of contract, unauthorised deduction from wages and holiday pay. The tribunal, sitting alone, found that he had resigned by letter dated 12 March 2020 and treated the case as one of constructive dismissal. It accepted that he had a contract of employment with the respondent, including the updated contract dated 5 March 2018.

The tribunal found that the denial of the existence of the claimant's contract, together with the other allegations, threats and demands made by or on behalf of the company, amounted to a significant breach of trust and confidence. It referred to Western Excavating (ECC) Limited v Sharp and held that the claimant was entitled to resign and treat himself as constructively dismissed. The unfair dismissal claim therefore succeeded.

On remedy, the judgment order recorded a basic award of £2,421 and a compensatory award of £17,062.51. The reasons state that the basic award was calculated on the basis of age 45, three years' service and a weekly pay figure of £538. The compensatory award was said to include past loss of earnings, future loss of earnings, loss of use of a car, loss of bonus and loss of statutory rights, and the tribunal made no ACAS uplift.

The breach of contract claim for notice pay was dismissed because the tribunal had already awarded loss during the notice period within the compensatory award. The unlawful deduction from wages claim and the holiday pay claim were also dismissed. In relation to holiday pay, the claimant had already received £934 from the Insolvency Service.