Ms S Warren v Structured House Ltd — 2024

Ms S Warren was employed as Executive Assistant to the Chief Executive Officer from 2015 until 16 January 2024. The tribunal accepted her evidence that salary payments were repeatedly late over about eight months, including late or split payments in 2023 and problems in January 2024, and found that the persistent late payment of wages amounted to a repudiatory breach of contract. It also found that the 1 and 2 January 2024 text exchange, which arose in the context of the wage issues, was a breach of the implied term of trust and confidence.

The tribunal held that the claimant's texts on 2 January and 10 January 2024 were, viewed objectively and in context, an effective resignation and that the respondent understood by 10 January that she was resigning. It found that she resigned in response to the respondent's breaches, that there was no delay in accepting the breach, and that she was constructively and unfairly dismissed under section 94 of the Employment Rights Act 1996. The tribunal referred to section 95 ERA 1996 and to the authorities on repudiatory breach, trust and confidence, the last straw, acceptance of breach, and causation.

On remedy, the tribunal awarded a basic award of £5,384.61 based on eight complete years of service and a weekly pay figure of £673.07, and a compensatory award of £3,017.28. It accepted immediate loss of earnings, a short period of ongoing loss, and £350 for loss of statutory rights, but found no future loss because it considered it likely she would not still be working for the respondent given the company's cash-flow problems.

Separately, the tribunal found that the respondent had failed to pay wages due in October 2023 and from 1 to 16 January 2024, including notice pay, and ordered payment of £4,570.20 gross subject to tax and NI deductions. The holiday pay claim was dismissed. The tribunal considered the contractual holiday entitlement and Regulation 13 of the Working Time Regulations 1998, noted that 1 and 2 January 2024 were Scottish public holidays, and concluded that no further holiday pay was due at termination.