Claimant v Impact Services (Northern) Limited
Outcome
Individual claims
The tribunal found that the respondent did not breach the claimant's contract of employment, either in relation to the four alleged breaches individually or cumulatively. The tribunal concluded that none of the respondent's conduct was blameworthy and alternatively that the respondent had reasonable and proper cause to behave as it did.
The tribunal found that the respondent did not breach the claimant's contract in relation to the four alleged breaches (June 2023 incident, February 2024 check-in app incident, May 2024 CTM incident, and Aldi site restrictions). The tribunal accepted the respondent's evidence and explanations for its conduct.
Facts
The claimant, who had eight years' service, brought claims of constructive dismissal and breach of contract based on four alleged incidents: a June 2023 incident, a February 2024 check-in app/shift cancellation incident, a May 2024 incident involving alleged racist remarks by a CTM (client site manager), and restrictions on working at Aldi sites. The claimant alleged these amounted to a repudiatory breach of contract. The original tribunal found against the claimant on all claims. The claimant applied for reconsideration raising 14 grounds including procedural fairness, credibility findings, and missing evidence.
Decision
The tribunal refused the reconsideration application, finding no reasonable prospect of the original decision being varied or revoked. The judge found that the claimant was essentially seeking a second bite at the cherry, that many issues were not properly pleaded or evidenced in his witness statement, and that the original hearing was conducted fairly. The tribunal had properly considered all four alleged breaches individually and cumulatively and found none constituted a breach of contract.
Practical note
A reconsideration application will not succeed where a claimant failed to properly plead or adduce evidence on key issues at the original hearing, as finality in litigation requires parties to present their best case first time.
Legal authorities cited
Case details
- Case number
- 6016110/2024
- Decision date
- 13 August 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- Yes
Employment details
- Service
- 8 years
Claimant representation
- Represented
- No