Itarmi UK Ltd

Case Summary

The claimant was employed by Itarmi UK Limited from February 2020 as Chief Commercial Officer and Chief Legal Officer. He resigned on 10 May 2023 following notices of termination and claimed constructive unfair dismissal, breach of contract, and unauthorised wage deductions. The tribunal found the redundancy genuine and dismissed the constructive dismissal claim, but found unauthorised wage deductions had been made.

The tribunal found the redundancy was genuine and the claimant had not been constructively dismissed because the business requirements for his role had diminished genuinely, even though his pay had been underpaid. However, the tribunal found the respondent had made unauthorised deductions from the claimant's wages, as the agreed salary was £120,000 per annum from February 2020, not £2,000 per month.

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• •Was the claimant constructively unfairly dismissed?
• •Did the respondent breach the implied term of mutual trust and confidence?
• •Has the respondent made unauthorised deductions from the claimant's wages?
• •What was the agreed salary: £120,000 per annum from February 2020 or £2,000 per month increasing to £120,000 after investment?
• •Was the redundancy genuine?
• •Did the claimant resign in response to a breach of contract?

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