Craig Henderson v Utility Alliance Limited (in Administration) — 2021

Craig Henderson was employed by Utility Alliance Limited from 1 June 2017 to 14 August 2020. He resigned on 23 July 2020 and remained on garden leave until termination. After the respondent entered administration, consent to continue was obtained from the administrator on 15 June 2021, but the administrator took no part in the hearing. Judge Garnon proceeded under rule 47 of the ET Rules 2013 and treated the claimant's 11 December 2020 email as his witness statement.

On the dismissal issue, the tribunal accepted the claimant's evidence and found that the matters described in his statement amounted to a fundamental breach of contract. It held that, without reasonable and proper cause, the respondent had conducted itself in a manner calculated or likely to seriously damage the relationship of confidence and trust. The tribunal therefore found the unfair constructive dismissal complaint well founded and made a basic award only. The claimant was 38 years old at dismissal, had three complete years of service, and his gross weekly pay was capped at £538 for the basic award calculation, producing £1,614.

The tribunal also upheld two money claims. For holiday pay, it found that 17.5 days' holiday had accrued in the final 12 months, including five days bought under the annual leave purchase scheme, and awarded £3,352.47 gross at a daily rate of £191.57. For arrears of pay, it accepted that July 2020 gross pay due was £4,626.54 and that £2,777.13 was due for 1 to 14 August 2020. The headnote orders £7,403.85 gross for that claim, although the reasons state £7,103.75 when the arithmetic is set out. Taken together, the ordered sums in the headnote total £12,370.32.