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Mr B King v Jamkam Ltd (In Creditors Voluntary Liquidation)

Going unpaid for months can be enough on its own to justify resigning

The ruling

“Constructive unfair dismissal and unlawful wage deductions both succeeded.”

Going unpaid for a sustained period can be a fundamental breach of your contract, entitling you to resign and claim constructive dismissal, and you can still recover the wages you were owed on top of that.

  • Persistent non-payment of wages is not something you have to simply wait out. It can justify resigning and claiming constructive dismissal.
  • Keep a written record of what you're owed and when. This is central evidence for both a wages claim and a constructive dismissal claim.
  • Get advice before you resign. Timing and how you explain your resignation both affect whether a constructive dismissal claim succeeds.
Read the full case

The situation

The claimant was not paid his wages for around four and a half months. He eventually resigned in response and brought tribunal claims for constructive unfair dismissal and unauthorised deductions from wages. His employer, later in creditors' voluntary liquidation, did not attend the hearing or defend the claim.

What the tribunal found

The tribunal found the claimant had been constructively and unfairly dismissed, and that the unpaid wages amounted to unlawful deductions under Part II of the Employment Rights Act 1996. Going unpaid for that length of time was treated as a fundamental breach of contract, entitling him to resign and claim constructive dismissal under Part X of the same Act. He was awarded £43,335 in total. That included a basic award, a compensatory award covering lost future earnings, and repayment of the wages themselves. A separate holiday pay claim was dismissed.

For a related situation, see our case study on an employer who stopped paying wages and gave no notice.

Full citation

Mr B King v Jamkam Ltd (In Creditors Voluntary Liquidation). Case 1401443/2025. Employment Tribunal. 3 June 2026.

Last reviewed 12 July 2026