Claimant v ISS Facility Services Limited
Outcome
Individual claims
The tribunal found that the claimant's complaint of constructive unfair dismissal failed. The tribunal must have concluded that the respondent did not breach the implied term of trust and confidence or that the claimant did not resign in response to such a breach.
The tribunal found that the claimant's complaint of constructive wrongful dismissal failed. The tribunal must have concluded that there was no repudiatory breach of contract by the respondent entitling the claimant to resign and claim damages.
The claim for unauthorised deduction from wages was withdrawn by the claimant during the hearing and dismissed upon withdrawal by the tribunal.
Facts
Mr Kennedy brought claims against ISS Facility Services Limited for constructive unfair dismissal, constructive wrongful dismissal, and unauthorised deduction from wages. The hearing took place over three days in October 2025. During the hearing, the claimant withdrew the wages claim. The tribunal heard oral evidence and submissions over the three-day period.
Decision
The tribunal dismissed both the constructive unfair dismissal and constructive wrongful dismissal claims, finding that the claimant had not established the necessary elements for either claim. The unauthorised deduction from wages claim was dismissed upon withdrawal by the claimant.
Practical note
A constructive dismissal claim requires proof of a fundamental breach of contract by the employer and that the employee resigned in response to that breach, not for other reasons.
Case details
- Case number
- 6003834/2024
- Decision date
- 10 November 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- solicitor