Head chef and manager awarded £7,861 after constructive dismissal and unpaid holiday pay

What this case shows in practice

This case highlights the risks for employers who treat long-serving staff as casual workers without proper contracts. The head chef worked for the respondent's director for four years, managing a restaurant and later a bowling alley, yet never received a written contract. When the pandemic hit and furlough ended, communication from the employer dried up. A WhatsApp message asking for the keys back was the final straw, leading the chef to claim constructive dismissal.

The tribunal found that the chef was an employee, not a worker, because of the degree of control and the ongoing relationship. This distinction mattered: employees have stronger rights, including the right not to be unfairly dismissed. The other two claimants, who had less responsibility and more irregular hours, were classified as workers and could not claim unfair dismissal.

What the losing side could have done differently

The respondent, a director who represented himself, made several errors. First, failing to provide written particulars of employment is a straightforward breach that carries a penalty. Second, treating the chef as a zero-hours worker when he effectively managed the business was a mischaracterisation that unravelled at tribunal. Third, the director's decision to stop communicating and send a terse WhatsApp message was seen as a clear repudiatory breach — the chef was entitled to resign and claim constructive dismissal.

Had the respondent provided a contract, kept proper records of hours and holiday pay, and communicated properly about the end of the relationship, the outcome could have been very different. The total award of £7,861.30 could have been avoided with basic employment practices.

Why the result matters for similar claims

For employees in similar situations — especially those in hospitality or other sectors where zero-hours contracts are common — this case is a reminder that your actual working arrangements matter more than the label your employer uses. If you have regular hours, control over your work, and an ongoing relationship, you may be an employee with full unfair dismissal rights.

The case also shows that constructive dismissal claims can succeed even without a formal resignation letter, as long as the employer's conduct clearly shows they no longer intend to be bound by the contract. And for those who have never received a written contract, the tribunal can award up to four weeks' pay as a penalty.