Claimant v Longbridge Social Club
Outcome
Individual claims
The tribunal found the complaint of constructive unfair dismissal to be well-founded. The claimant successfully established that they were entitled to resign in response to a fundamental breach of contract by the respondent employer, and that the dismissal was unfair under the Employment Rights Act 1996.
The tribunal found the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars when the proceedings were begun. This breach was addressed through an award under s38 Employment Act 2002, with the tribunal finding it just and equitable to award four weeks gross pay.
Facts
The claimant Mr Dubisson was employed by Longbridge Social Club and resigned, claiming constructive dismissal. The respondent had failed to provide him with a written statement of employment particulars. The claimant represented himself at the hearing while the respondent was represented by their Club Secretary and a Committee Member.
Decision
The tribunal found in favour of the claimant, upholding his complaint of constructive unfair dismissal. The respondent had committed a fundamental breach of contract entitling the claimant to resign. The tribunal also found it just and equitable to award four weeks gross pay for the respondent's failure to provide written employment particulars, awarding a total of £5,771.83.
Practical note
Employers, including small social clubs, must provide written statements of employment particulars and avoid fundamental breaches of contract that may entitle employees to resign and claim constructive dismissal.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1305010/2024
- Decision date
- 7 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No