Mr T Vizoviczki v Represented by: Mr S Wilson - Solicitor Tapa Capulus & Pistrino Limited — 2020

At the CVP hearing on 30 October 2020, with no appearance or representation for the respondent, the tribunal substituted Tapa Capulus & Pistrino Limited as respondent. The claimant was employed as a baker from 5 February 2008 to 29 March 2020. Wage slips and TSB bank statements showed that wages became erratic from December 2018, with shortfalls identified as £4,072.37 in 2019 and £222.52 in 2020. After later payments of £500 and £200 in June and August 2020, the remaining contractual wage balance was £5,594.89.

On the unfair dismissal claim, the tribunal held that non-payment or part-payment of wages was a fundamental breach of contract and that the claimant resigned in response to that continuing breach. Although his resignation email referred to the 'current uncertain circumstances of business at Tapa' rather than expressly to underpayment, the tribunal accepted that this referred to the wage problem. It found no undue delay or affirmation because the shortfalls continued into January and March 2020. The tribunal cited s.95(1)(c) ERA 1996, Western Excavating, Weathersfield and Cow, and found that the claimant was unfairly (constructively) dismissed.

Remedy was split between the dismissal and contractual claims. For unfair dismissal, the tribunal awarded a basic award of £5,166.37, calculated as 12.5 x the claimant's weekly pay of £413.31, and a compensatory award of £632.36 for pension loss only. It did not award future wage loss because the claimant started work with Morrisons on 4 April 2020. It also awarded £5,594.89 for the unpaid wages contract claim and dismissed the holiday pay claim, giving overall monetary awards of £11,393.62.