Mr A T Long v Armstrong Logistics Ltd — 2023

The Claimant, a lorry driver, brought claims of constructive unfair dismissal, unlawful deduction from wages and breach of contract against Armstrong Logistics Ltd following his resignation on 21 February 2023. Several wage claims were withdrawn during the hearing after the Respondent paid the sums in question, and by consent the Respondent agreed to pay £160 gross for one day of annual leave (5 January 2023) which the Claimant had been required to use when his vehicle was being repaired.

The remaining wages claim concerned an alleged £154 shortfall for two weeks working nightshifts in February 2023 at a claimed nightshift hourly rate of £16.50. The Tribunal found this claim was not well founded and dismissed it.

On the constructive unfair dismissal claim, the Tribunal accepted that the Respondent's failures to pay on 31 January and 6 February 2023 amounted to breaches contributing to a potential breach of trust and confidence. However, the Tribunal concluded that as at the date of resignation (21 February 2023) the failure to pay was not yet persistent in the sense of continuing over a prolonged period, and the Respondent had not by words or conduct evinced an intention not to pay in the February payroll. The Claimant was found to have resigned prematurely in anticipation of a further breach rather than waiting to see whether payment would be made. The claim was therefore not well founded and was dismissed.