Ms Jenny Goldthorp v Goldthorp Fabrications Limited — 2024

The Tribunal (Employment Judge Gardiner, sitting alone) heard a claim by Ms Jenny Goldthorp against Goldthorp Fabrications Limited, a company in which she had been a shareholder, Finance Director and the former spouse of the Managing Director. The Tribunal found that the Claimant was an employee of the Respondent and that, following a series of actions by the Respondent in 2023 — including the removal of finance responsibilities, restriction of Sage access, communications blaming her for tax issues, and cessation of pay from May 2023 — the Claimant had been constructively dismissed and that dismissal was unfair contrary to Section 94 of the Employment Rights Act 1996.

The Tribunal further found that the Claimant had been wrongfully dismissed in breach of contract, the Respondent not having established that it was entitled to dismiss her without notice; the Respondent had not properly particularised the alleged fundamental breaches and the Judge could not, on the limited evidence, adjudicate complex tax and accountancy matters said to amount to misconduct. The Tribunal also found an unauthorised deduction from wages between 1 May and 5 September 2023, and held there was a failure to provide a statement of employment particulars under Section 38 Employment Act 2002, awarding two weeks' pay on that basis.

The holiday pay complaint was dismissed as not well founded, the Claimant not having proved any untaken accrued holiday at the date of dismissal. The Tribunal applied a 20% uplift to the successful awards under Section 207A TULR(C)A 1992 to reflect the Respondent's failure to follow the ACAS Code on Grievance Procedures. Quantum of remedy was reserved to a separate remedy hearing.