Morgan v RPH Limited (trading as Florida Pools & Spas): [2025] TRE 031

Mr Morgan was employed by RPH Limited as a pool service engineer from 30 January 2024 to 27 February 2025.  Initially he was engaged under a zero-hour contract but the parties orally agreed in April 2024 to change the terms such that Mr Morgan would work a minimum of 38 hours per week.  No written contract reflecting this change was provided or signed by the parties.

In January 2025, Mr Morgan discovered that his employment status had been administratively reverted back to a zero hour employee and his holiday pay was adjusted accordingly.  Despite requesting clarification and documentation, RPH Limited failed to provide written confirmation of Mr Morgan’s contractual terms.

Mr Morgan resigned on 20 February 2025 alleging constructive unfair dismissal.

The Tribunal found that RPH Limited’s conduct, including reverting Mr Morgan’s contract back to a zero hours contract (without his consent) and failing to clarify his employment terms (when requested by Mr Morgan) amounted to a fundamental breach of the implied term of mutual trust and confidence.  The Tribunal was satisfied that Mr Morgan resigned in response to this breach and did not affirm the breach and therefore was constructively dismissed.

The Tribunal awarded Mr Morgan £4,712.00 being the maximum award that the Tribunal could award Mr Morgan based on his length of service.

This judgment reinforces the importance of:

• Clear written employment terms, especially when contractual changes are made
• Employers maintaining accurate HR records and promptly correcting administrative errors
• Responding to employee concerns in a timeline and transparent manner.

It also highlights that oral agreements, if supported by conduct, can form binding contractual terms, but a failure to document them can lead to legal risks.