Ms E Hill v Mr Swan -10 Solicitor Lenzie Cars Ltd — 2024

The tribunal heard evidence only from the claimant because the respondent had not lodged a defence and did not attend. It accepted the claimant as credible and reliable, supported by contemporaneous documents. The claimant had worked for the respondent, a taxi company, as a taxi controller since April 2000. She went on maternity leave in September 2019, was later furloughed, and never returned to work. The tribunal found that the respondent had never provided her with any written statement of terms and conditions, despite a later request for one.

The tribunal found that, from late 2020 onwards, the respondent told the claimant there was no job for her and then proposed that she return on reduced hours of 12pm to 6pm, Monday to Friday, without explanation beyond a vague reference to the pandemic. The claimant did not agree to the change, went on sick leave, and then sent further correspondence and formal grievances through CAB and directly to the respondent. The respondent did not reply to that correspondence. The claimant resigned on 28 September 2023, saying that she had lost trust and confidence because her correspondence had been ignored.

On unfair dismissal, the tribunal applied the constructive dismissal approach under s95(1)(c) ERA 1996, referring to Western Excavating v Sharp, Malik, Lewis and Kaur. It held that the unilateral reduction in hours, combined with the respondent's failure to engage with the claimant's correspondence, amounted to a fundamental breach of the implied term of trust and confidence. It found that the breach caused the resignation and that the claimant resigned without unreasonable delay after giving the respondent opportunities to resolve matters. In the absence of any defence or evidence from the respondent, the tribunal found there was no fair reason for dismissal and held the dismissal unfair.

In remedy, the tribunal used the National Minimum Wage rate of £10.42 per hour to calculate a weekly pay figure of £416.80 based on 40 hours. It made a basic award of £8,752.80 and a compensatory award based on four weeks' pay for loss of statutory rights, with a 25% uplift for failure to follow the ACAS Code. It also made an additional award under s38 of the Employment Act 2002 of £833.60 because the respondent had failed to provide written terms and conditions. The redundancy pay claim was dismissed, and the notice pay claim was dismissed as a breach of contract claim. The holiday pay claim succeeded under the Working Time Regulations because the claimant had carried over leave from earlier years when she was on maternity leave, furlough and sick leave; the tribunal awarded £4,668.16 for untaken holiday.