X v Britannia Hotels Ltd: 2401548/2020
JUDGMENT
[1]The respondent breached the implied term of trust and confidence. The respondent was in fundamental breach of contract sufficiently serious to amount to a fundamental breach. The claimant did not affirm the contract and she resigned as a result of the breach. The claimant was unfairly dismissed and her claim for constructive unfair dismissal is well-founded.[2]The respondent is ordered to pay to the claimant compensation for unfair dismissal in the sum of £9621.16 comprising of a basic award in the sum of £4468.75, loss of statutory rights £300 and compensatory award loss of earnings £4852.42 (3883.41 and £969).[3]The claimant’s complaint of unlawful deduction of wages was brought outside the statutory time limit from when the full wages became payable in April and May 2019, it was reasonably practicable for the complaint to be presented before the end of that Case Number: 2401548/2020 period of 3 months, and further, the complaint was not presented within such further period as the Tribunal considers reasonable and is dismissed. 31.8.2021