Claimant v HM Revenue & Customs
Outcome
Individual claims
The tribunal found the claim of constructive unfair dismissal well-founded. The claimant resigned in response to a fundamental breach of contract by the respondent. The claimant did not affirm the breach and established that the respondent's conduct went to the root of the employment relationship.
Facts
Ms E. Dakers was employed by HMRC and resigned claiming constructive dismissal. The case was heard over five days at the London Central Employment Tribunal. The claimant appeared in person while the respondent was represented by Mr G. Probert. The tribunal considered whether the respondent's conduct amounted to a fundamental breach of the employment contract justifying the claimant's resignation.
Decision
Employment Judge G. King found the constructive unfair dismissal claim well-founded and ruled in favour of the claimant. The tribunal found that the respondent had committed a fundamental breach of contract which entitled the claimant to resign. A remedy hearing has been listed to determine compensation.
Practical note
A self-represented claimant successfully established constructive unfair dismissal against HMRC, demonstrating that litigants in person can prevail against well-resourced public sector respondents in complex constructive dismissal cases.
Case details
- Case number
- 2219151/2023
- Decision date
- 3 October 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No