Claimant v London Borough of Islington
Outcome
Individual claims
The tribunal found that the respondent was not in breach of the implied term of trust and confidence. Without a fundamental breach of contract, the claimant could not succeed in a constructive dismissal claim, as there was no repudiatory breach justifying resignation.
Facts
Mr Whiteside brought a constructive dismissal claim against London Borough of Islington. He alleged the respondent breached the implied term of trust and confidence, entitling him to resign and claim unfair dismissal. The hearing took place over two days in December 2025 before Employment Judge Klimov sitting alone.
Decision
The tribunal dismissed the claim, finding that the respondent was not in breach of the implied term of trust and confidence. Without establishing a fundamental breach of contract, the constructive dismissal claim could not succeed.
Practical note
A constructive dismissal claim requires proof of a fundamental breach of the implied term of trust and confidence; the claimant failed to establish this breach.
Legal authorities cited
Case details
- Case number
- 6002031/2025
- Decision date
- 18 December 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- London Borough of Islington
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No