In person For the v Beauty Revolution Ltd — 2018

The claimant, Ms Daniela de Oliveira Nasicimento, had been employed through a series of companies controlled by Mr Dale Hathaway. The tribunal found that she TUPE transferred from Brazilian Beauty Academy Limited to Hathaway Solutions Limited on or about 11 May 2015, and then to the respondent on or about 1 July 2016, so that she had at least two years' continuous service. It also found that her role remained the same throughout, that she worked 40 hours per week, and that she was paid £450 gross weekly.

In February 2018 the claimant was asked to take on the role of a departing salon manager, Leo, in addition to her existing duties. The tribunal accepted the claimant's account that she was objecting to the extra work, and relied on the text message exchange of 9 February 2018 in which she said it was not her wish to leave but also not her wish to cover Leo's responsibilities. It rejected the respondent's position that she had resigned on or around that date, and found instead that she did not resign until her letter of 29 May 2018.

The tribunal found that the claimant's last wage payment was around 17 February 2018 and that she was not paid thereafter. It held that the non-payment of wages was a fundamental breach of contract, that the claimant resigned in response to that breach without affirming the contract, and that she was therefore constructively dismissed and unfairly dismissed. It also found unauthorised deductions from wages between 19 February and 29 May 2018, and a breach of contract in respect of notice.

On remedy, the tribunal awarded a basic award of £1,350 and a compensatory award of £11,140 for unfair dismissal, made up of £500 for loss of statutory rights, £10,400 for loss of earnings on the basis of one year's diminution in earning capacity at £200 per week, and £240 for job-seeking expenses. It awarded £6,300 for unlawful deductions from wages, being 14 weeks at £450, and £1,200 for notice pay, being three weeks at £400 net. In assessing loss, the tribunal noted temporary work between 4 June and 4 August 2018 at £250 per week, later efforts to find work, and that the dismissal was not wholly responsible for her inability to obtain alternative employment. No award was made for failure to provide a statement of terms and conditions because the claimant had been TUPE transferred from an employer who had provided a written contract.