Claimant v Iceland Foods Limited
Outcome
Individual claims
Withdrawn by claimant during the hearing.
The tribunal found that the claimant had not established that there was a fundamental breach of contract by the respondent that entitled her to resign and treat herself as constructively dismissed.
Facts
Ms Powell brought claims of constructive unfair dismissal and wrongful dismissal against her employer Iceland Foods Limited following her resignation. The case was heard over two days via video in August 2025 before Employment Judge Noons, with both parties represented by counsel. The claimant withdrew her wrongful dismissal claim during the hearing.
Decision
The tribunal dismissed the constructive dismissal claim, finding that the claimant had not established a fundamental breach of contract by the respondent that would entitle her to resign and claim constructive dismissal. The wrongful dismissal claim was dismissed upon withdrawal.
Practical note
A claimant must establish that the employer committed a fundamental breach of contract that went to the root of the employment relationship in order to succeed in a constructive dismissal claim.
Case details
- Case number
- 6010725/2024
- Decision date
- 20 August 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister