Claimant v Certas Energy UK Ltd
Outcome
Individual claims
The tribunal found that the claimant was not constructively unfairly dismissed. The claim related to conduct reasons but the tribunal determined that the respondent had not committed a fundamental breach of contract that entitled the claimant to resign and treat himself as dismissed. The claim was not well founded and failed.
Facts
Mr Evans was employed by Certas Energy UK Ltd until he resigned on 1 February 2024. He claimed that his resignation amounted to a constructive dismissal, arguing that the respondent's conduct had been sufficiently serious to constitute a fundamental breach of contract entitling him to resign. The claim was heard over two days at Caernarfon with Mr Evans representing himself and the respondent represented by a paralegal, Mr Burgess.
Decision
The tribunal found that the claimant's claim of constructive unfair dismissal was not well founded and dismissed it. The tribunal determined that the respondent had not committed a fundamental breach of contract that would have entitled Mr Evans to resign and treat himself as constructively dismissed.
Practical note
A constructive dismissal claim requires proof of a fundamental breach of contract by the employer that goes to the root of the employment relationship; mere dissatisfaction with treatment is insufficient.
Case details
- Case number
- 1601291/2024
- Decision date
- 25 November 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- energy
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No