Cases8000339/2025

Claimant v Implantsdentist Ltd t/a Great Junction Dental Practice

24 July 2025Before Employment Judge R MackayScotlandin person

Outcome

Claimant succeeds£25,254

Individual claims

Constructive Dismissalsucceeded

The tribunal found the claimant was constructively dismissed. The respondent removed her from her role and position of authority without warning, failed to address her complaints about hostile treatment by colleagues (particularly Mrs Iqbal), and underpaid her salary. These acts and omissions, viewed cumulatively, amounted to a repudiatory breach of the implied term of trust and confidence. The claimant resigned in response to this breach.

Facts

The claimant was a receptionist/senior dental nurse with 16 years' service when the dental practice changed ownership. After the acquisition, her reception role was taken over by a new employee, Mrs Iqbal, without consultation. The claimant was left without a clear role, reduced to cleaning and decontamination duties. She faced hostile treatment from Mrs Iqbal including rudeness, being ignored, and refusal to cooperate. Despite raising complaints twice with the new owner, nothing was done. She was then underpaid salary and told it was because she did 'less work'. She resigned the next day.

Decision

The tribunal found the claimant was constructively unfairly dismissed. The removal of her role and status, the hostile working environment created by colleagues which the employer failed to address despite complaints, and the salary underpayment cumulatively amounted to a repudiatory breach of the implied term of trust and confidence. The tribunal awarded £15,120 basic award and £10,134 compensatory award, rejecting arguments for Polkey or contributory fault reductions.

Practical note

Employers who acquire businesses via TUPE must not unilaterally remove employees' roles or status without consultation, and must take active steps to address workplace hostility when raised, or risk constructive dismissal claims.

Award breakdown

Basic award£15,120
Compensatory award£10,134
Loss of statutory rights£600

Award equivalent: 40.1 weeks' gross pay

Legal authorities cited

Western Excavating v Sharp [1978] ICR 221Malik v Bank of Credit and Commerce International [1998] AC 20Lewis v Motorworld Garages Ltd [1986] ICR 157Omilaju v Waltham Forest London Borough Council [2005] IRLR 35Nottinghamshire County Council v Meikle [2004] IRLR 703Kaur v Leeds Teaching Hospital NHS Trust [2018] EWCA Civ 978

Statutes

ERA 1996 s.95(1)(c)ERA 1996 s.98

Case details

Case number
8000339/2025
Decision date
24 July 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
solicitor

Employment details

Role
Receptionist/Senior Dental Nurse
Salary band
£30,000–£40,000
Service
16 years

Claimant representation

Represented
No