Claimant v Optimum Experience Ltd
Outcome
Individual claims
The tribunal found that the claimant's claim for constructive unfair dismissal was well founded. The respondent's conduct amounted to a fundamental breach of contract entitling the claimant to resign and treat herself as dismissed. The dismissal was unfair.
Facts
The claimant was employed by the respondent from 4 July 2020 to 14 October 2023. She resigned and claimed constructive dismissal. The claimant was 26 years old at termination with 3 complete years of service. Her gross weekly pay was £673.08. The effective date of termination for compensation purposes was 29 January 2024.
Decision
The tribunal found the constructive unfair dismissal claim succeeded. The respondent was ordered to pay £15,761.82 compensation (comprising basic award, compensatory award including loss of statutory rights and future losses, with a 20% ACAS uplift) plus £1,825.20 for wasted costs relating to a preliminary hearing.
Practical note
Employers who commit fundamental breaches leading to constructive dismissal face significant awards, particularly where they also fail to follow ACAS procedures (resulting in a 20% uplift) and cause unnecessary costs through procedural failures.
Award breakdown
Award equivalent: 23.4 weeks' gross pay
Adjustments
ACAS uplift of 20% applied to compensatory award
Case details
- Case number
- 1308866/2023
- Decision date
- 23 November 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Salary band
- £30,000–£40,000
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister