Mrs Elisabeth Ellis v Weston Turville Golf Club Limited — 2022

Mrs Elisabeth Ellis worked for The Weston Turville Golf Club Ltd as a full-time Administrator from 1 January 1996 until her resignation took effect on 8 September 2021 after she gave notice on 8 June 2021. The respondent did not present a response and did not attend the final hearing. The tribunal accepted the claimant's evidence that, from March 2021, she was told her duties would be changed and she would be moved into other work, and that she later continued to be given work while on furlough and while signed off sick.

Applying section 95(1)(c) ERA 1996, Western Excavating, the implied term of mutual trust and confidence in Malik, the last-straw authorities in Lewis and Omilaju, and the objective approach in Tullett Prebon, the tribunal held that the respondent had breached the implied term of trust and confidence. It found that the claimant was entitled to resign in response to that treatment and that her resignation amounted to a dismissal. Because the respondent had not shown a potentially fair reason for dismissal, the constructive unfair dismissal claim succeeded.

The tribunal also upheld the financial claims. It found unauthorised deductions from wages because the claimant had been paid statutory sick pay while working, and awarded £3,295.62 net. It awarded £722.54 net for accrued holiday pay, calculated by reference to 14 days at £51.61 net per day. It also upheld the wrongful dismissal or breach of contract claim and awarded £2,664.42 net for notice pay. For unfair dismissal compensation, the tribunal made a basic award of £10,050 and a compensatory award of £4,505, made up of £3,705 for lost wages and £800 for loss of statutory rights. The total award was £21,237.58, and the tribunal noted that no state benefits had been claimed so recoupment did not apply.