Cases2501180/2024

Claimant v Watson Woodhouse Ltd

27 November 2025Before Employment Judge JeramTeessidein person

Outcome

Claimant fails

Individual claims

Constructive Dismissalfailed

The tribunal found the claimant resigned in response to her own error in mis-diarising a court deadline, which cannot be an act by the respondent and therefore cannot constitute a 'last straw'. Further, the tribunal was not satisfied that the claimant was conducting an excessive workload or one that exceeded her full-time colleagues, and found she received significant support and assistance from her manager and colleagues. There was no repudiatory breach of the implied term of trust and confidence.

Failure to Make Reasonable Adjustments(disability)failed

The tribunal was not satisfied that the respondent had a PCP that 'required fee earners to run a full case load without assistance'. Evidence showed that fee earners were given assistance, the claimant was granted breaks from the new client rota, and she received significant amounts of assistance in various forms throughout the relevant period. The claim failed on the basis that no such PCP existed.

Facts

Mrs Lewis was a part-time (3 days per week) Legal Executive at a law firm with over 14 years' experience. She claimed she was required to manage an excessive full-time workload including two complex multitrack cases (Case A and Case B) without adequate support. In October 2023, she mis-diarised a court deadline and resigned shortly after, citing this as the 'last straw'. The tribunal heard extensive evidence that her manager, Sarah Magson, had repeatedly offered support, removed her from the new client rota, allocated a full-time assistant (Margaret Donaghy), provided junior solicitors to assist, and offered to transfer files. The claimant worked modest overtime (3-4 hours per week typically) and her caseload in July 2023 was around 39 active files (excluding debt files allocated to others).

Decision

The tribunal dismissed both claims. The constructive dismissal claim failed because the 'last straw' relied upon—the claimant's own error in mis-diarising a deadline—was not an act by the respondent. Even if it were, the tribunal found no excessive workload and that the claimant received significant support throughout. The reasonable adjustments claim failed because the tribunal was not satisfied that the respondent had a PCP requiring fee earners to run a full caseload without assistance; the evidence showed the opposite.

Practical note

An employee cannot rely on their own error as a 'last straw' for constructive dismissal; the tribunal will closely scrutinise claims of unsupported workload against contemporaneous documentary evidence showing repeated offers of assistance and support.

Legal authorities cited

Western Excavating v Sharp [1978] ICR 221Omilaju v Waltham Forest London Borough Council [2005] 1 All ER 75Kaur v Leeds Teaching Hospitals NHS Trust [2018] IRLR 833Morrow v Safeway Stores Ltd [2002] IRLR 9Leeds Dental Team Ltd v Rose [2014] IRLR 8Marshall v McPherson Ltd [2025] EAT 100Malik v Bank of Credit and Commerce International [1998] AC 20

Statutes

Equality Act 2010 s.6Equality Act 2010 s.20ERA 1996 s.95(1)(c)

Case details

Case number
2501180/2024
Decision date
27 November 2025
Hearing type
full merits
Hearing days
7
Classification
contested

Respondent

Sector
legal services
Represented
Yes
Rep type
barrister

Employment details

Role
Legal Executive / Fee Earner (Civil Litigation)
Service
11 years

Claimant representation

Represented
No