Mr N Pike v Fish Composites Limited — 2024

The claimant, a Senior Naval Architect, brought claims of constructive unfair dismissal, breach of contract for notice pay, unlawful deduction from wages, and sought an uplift for failure to provide a written statement of employment particulars. The tribunal heard the case over three days by CVP in September 2024 before Employment Judge Anstis sitting alone. The central question was whether the claimant had been constructively dismissed following events in the week commencing 24 July 2023, which the claimant identified as the 'last straw'.

Applying the Kaur guidance, the tribunal found that the claimant had not been given notice of dismissal at the 25 July 2023 meeting and that the subsequent notification that he was no longer at risk of redundancy was 'an entirely innocuous act'. Accordingly, nothing in that week could amount to a last straw or contribute to a repudiatory breach. The tribunal further considered that the earlier matters relied on (haphazard pension payments, pay administration issues, and a perceived deterioration in a director's attitude) were long-standing and had been affirmed by the claimant's continued working. The claims of constructive unfair dismissal and notice pay were therefore dismissed.

The respondent accepted that £569.00 had been unlawfully deducted from the claimant's final salary in respect of three days' holiday pay, and the tribunal ordered payment of that sum. The respondent also accepted that no statement of particulars complying with s.1(1) ERA 1996 had been provided. Given what the tribunal described as a complete failure to provide anything recognisable as a written contract or particulars, it considered it just and equitable to make the maximum award of four weeks' pay under s.38 Employment Act 2002, capped at the statutory weekly rate of £643, totalling £2,572.00.