Claimant v Implantsdentist Ltd t/a Great Junction Dental Practice
Outcome
Individual claims
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
Award equivalent: 40.1 weeks' gross pay
Legal authorities cited
Statutes
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