Claimant v Home Improvements (St Andrews) Limited
Outcome
Individual claims
The Tribunal found that the claim for constructive unfair dismissal was not well founded. The claimant failed to establish that the respondent committed a fundamental breach of contract entitling her to resign or that she resigned in response to such a breach.
The Tribunal dismissed the claim for breach of contract in respect of notice pay. This claim failed following the dismissal of the constructive dismissal claim, as there was no finding of repudiatory breach entitling the claimant to resign and claim notice pay.
The claim for an award under s.38 Employment Act 2002 for failure to give a statement of employment particulars was not made because the underlying claims for constructive unfair dismissal and breach of contract were dismissed.
Facts
Ms McCulloch Hood brought claims for constructive unfair dismissal and breach of contract for notice pay against Home Improvements (St Andrews) Limited. The case was heard over two days in Dundee. The claimant also raised the issue of failure to provide a statement of employment particulars under the Employment Act 2002.
Decision
The Tribunal dismissed all claims. The Tribunal found that the constructive unfair dismissal claim was not well founded, meaning the claimant failed to establish that the respondent committed a fundamental breach of contract. Consequently, the breach of contract claim for notice pay also failed, and no award was made for failure to provide employment particulars.
Practical note
A claimant pursuing constructive dismissal must establish that the employer committed a fundamental breach of contract that entitled them to resign; absent such a finding, related claims for notice pay and statutory awards will also fail.
Legal authorities cited
Statutes
Case details
- Case number
- 4100837/2025
- Decision date
- 12 November 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- solicitor