Ms P Ritchie v Represented by: Ms D Flanigan - Solicitor South West Community Cycles — 2020

Ms P Ritchie worked as a cycle coach for South West Community Cycles from 1 September 2017 until she resigned on 7 January 2020. After she raised concerns on 14 October 2018 under the respondent's whistleblowing procedure, she was suspended on contractual pay on 30 October 2018. The tribunal found that her pay then became erratic: her monthly pay was reduced in late 2018 and early 2019, no wages were paid from 21 February 2019 until a payment of £1,416.61 in August 2019, and there was no further payment before she resigned.

The claimant lodged a grievance on 5 September 2019 about the suspension, lack of investigation and non-payment of wages. A grievance hearing took place on 29 October 2019, but no outcome was notified before her resignation, despite later correspondence in December 2019. Applying section 95(1)(c) of the Employment Rights Act 1996 and the authorities on constructive dismissal and trust and confidence, the tribunal held that the respondent's failure to pay wages due during suspension and failure to deal adequately with the grievance amounted to a fundamental breach of contract, so the constructive unfair dismissal claim succeeded.

The tribunal also upheld the unlawful deduction from wages claim under section 13 of the Employment Rights Act 1996. It calculated an underpayment of £127.83 from 30 October 2018 to 21 February 2019, and a further deduction of £9,850.49 for 21 February 2019 to 7 January 2020 after crediting the August 2019 payment of £1,416.61, producing a total award of £9,978.32. For unfair dismissal, the reasons calculate a basic award of £828 and a compensatory award of £7,205.53, with the claimant starting new employment on 20 July 2020; the reasons therefore total £8,033.53, although the opening order states £8,205.53.