Ms K Alcroft v Renfrew Transport Services Ltd — 2025

The tribunal found that there was no express dismissal on 9 December 2024 or at any other time. Mr Gibson was treated as speaking to the claimant as a colleague rather than on behalf of the respondent, and Mr Alcroft asked the claimant to continue working. The tribunal found instead that the claimant terminated her employment on or around 14 January 2025 when she informed Mr Alcroft that she was starting a new job.

The tribunal held that the respondent’s failure to pay the claimant from 5 December 2024 onwards was a fundamental breach of contract. It found that this non-payment caused the claimant to seek other work and resign, so she was constructively dismissed within section 136(1)(c) ERA. The tribunal further found that the reason for that dismissal was redundancy because the respondent was ceasing to trade and/or reducing its need for employees to do work of that kind.

On remedy, the tribunal awarded statutory redundancy pay of £4,675 based on 11 years’ service and a week’s pay of £425. It dismissed the notice pay claim, but upheld the claims for unpaid wages and untaken holiday, awarding £2,046 for six unpaid weeks at £341 net per week and £1,091.20 for 16 days of accrued but untaken holiday.