Claimant v Primrose Home Help Limited
Outcome
Individual claims
The tribunal found that the claimant's claim of unfair constructive dismissal contrary to section 94 of the Employment Rights Act 1996 was not well founded. The tribunal determined that the respondent had not committed a fundamental breach of contract sufficient to entitle the claimant to resign and claim constructive dismissal.
Facts
The claimant, Mrs Caroline Howlett, brought a claim of unfair constructive dismissal against Primrose Home Help Limited, a home care provider. The claimant appeared in person, while the respondent was represented by a lay representative who was an employee of the company. The hearing took place remotely by CVP on 9 September 2025. Oral reasons were provided at the hearing.
Decision
Employment Judge Beever dismissed the claimant's claim of unfair constructive dismissal. The tribunal found that the claim was not well founded, meaning the respondent had not committed a fundamental breach of contract entitling the claimant to resign and claim constructive dismissal.
Practical note
A constructive dismissal claim will fail unless the claimant can establish that the employer committed a fundamental breach of the employment contract that entitled them to resign.
Legal authorities cited
Statutes
Case details
- Case number
- 1401053/2024
- Decision date
- 10 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No