Claimant v Community Links Academy Trust
Outcome
Individual claims
The claimant withdrew the claim for breach of contract (notice pay) during the hearing. The tribunal dismissed it under Rule 51 of the Employment Tribunal Procedure Rules 2024.
The tribunal found that the claimant's complaint of constructive unfair dismissal was not well founded. The tribunal determined that the respondent had not committed a fundamental breach of contract sufficient to entitle the claimant to resign and claim constructive dismissal.
Facts
Mrs Tracey De Rizzo brought claims against Community Links Academy Trust, an educational institution. She claimed constructive unfair dismissal and breach of contract for notice pay. The hearing was conducted remotely by CVP over two days in May 2025, with additional time in chambers in June 2025 for deliberation.
Decision
The tribunal dismissed both of the claimant's claims. The breach of contract claim was dismissed following withdrawal by the claimant. The constructive unfair dismissal claim was found not to be well founded, indicating the tribunal concluded the respondent had not fundamentally breached the claimant's contract of employment.
Practical note
A claimant alleging constructive dismissal must establish a fundamental breach of contract by the employer that goes to the root of the employment relationship, and mere dissatisfaction with working conditions is insufficient.
Case details
- Case number
- 6022633/2024
- Decision date
- 28 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- solicitor