Claimant v WM Morrison Supermarkets Limited
Outcome
Individual claims
The tribunal heard the claimant's complaint of unfair constructive dismissal under section 98 of the Employment Rights Act 1996 and determined that the claim failed. The tribunal must have concluded that either the respondent did not breach the implied term of mutual trust and confidence, or that the claimant did not resign in response to such a breach, or that she had affirmed the contract before resigning.
Facts
Mrs Blackburn was employed by Morrison Supermarkets and brought a claim for constructive unfair dismissal. The hearing was conducted remotely by video before Employment Judge Deeley. Both parties were represented by counsel. The judgment does not contain detailed reasons as these were provided orally at the hearing.
Decision
The tribunal dismissed the claimant's complaint of constructive unfair dismissal under section 98 of the Employment Rights Act 1996. The claim failed, meaning the tribunal was not satisfied that the employer had fundamentally breached the employment contract in a manner that entitled the claimant to resign and treat herself as constructively dismissed.
Practical note
A constructive dismissal claim against a major retailer failed, demonstrating that claimants must establish both a fundamental breach of the implied term of trust and confidence and that they resigned in response to that breach without delay.
Legal authorities cited
Statutes
Case details
- Case number
- 6027436/2025
- Decision date
- 18 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister