Impact Ducting Sales Ltd

Case Summary

The claimant claimed constructive unfair dismissal, race discrimination, harassment, whistleblowing detriment and unauthorised wage deductions against Impact Ducting Sales Ltd. The tribunal found the unauthorised deductions claim succeeded in that the respondent made unauthorised deductions from holiday pay (declaration only, as sums were already repaid), but dismissed the constructive dismissal, direct race discrimination, harassment and whistleblowing detriment claims.

The tribunal found that while the respondent did make unauthorised deductions from holiday pay (for which a declaration was made as the sums had already been repaid), the claimant's other claims failed. The constructive dismissal claim failed because the respondent's actions—including proposed changes to pay structure and contract terms—did not breach the implied term of trust and confidence; the respondent had given the claimant options and reasonable explanations. The discrimination and harassment claims failed as the tribunal rejected the claimant's allegations of discriminatory conduct. The whistleblowing detriment claim failed because the claimant had not properly pleaded a breach of legal obligation (the only malpractice he had properly pleaded was fraud), and the tribunal ruled this ground was not permitted to be expanded at the hearing.

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• •Whether the claimant was constructively dismissed
• •Whether the respondent breached the implied term of trust and confidence
• •Whether there were unauthorised deductions from holiday pay
• •Whether there was direct race discrimination
• •Whether there was harassment related to race
• •Whether there was detriment for protected disclosure (whistleblowing)

The full source document is available from the official publication page.