Oscar Davies of the Garden Court Employment & Discrimination Law Teams represented the successful claimant, Mr Bruno King, in Employment Tribunal proceedings against Jamkam Ltd, which was in creditors’ voluntary liquidation.
The Tribunal upheld Mr King’s complaint of constructive unfair dismissal under Part X of the Employment Rights Act 1996. It awarded a basic award of £1,438 and a compensatory award of £21,034, including Mr King’s loss of earnings from June 2025 to April 2026.
The Tribunal also upheld Mr King’s complaints of unauthorised deductions from wages. It awarded £16,124 in respect of unpaid wages from 1 January 2025 to 13 May 2025, and a further £3,583 in respect of unpaid salary for December. Mr King also succeeded in a breach of contract claim for statutory notice pay, for which the Tribunal awarded £1,156.
In total, the Respondent was ordered to pay Mr King the gross sum of £43,335.
The judgment is a reminder that sustained non-payment of wages may amount to a fundamental breach of contract, entitling an employee to resign and claim constructive unfair dismissal. It also underlines the importance of workers being able to pursue unpaid wages and employment rights claims, including where an employer is insolvent or fails to participate in proceedings.
Oscar Davies practices in employment, discrimination, and equality law, with particular expertise in claimant-side employment litigation.
Get in touch with their clerks at employmentclerks@gclaw.co.uk
