Cases1307768/2023

Claimant v The Lighthouse Federation

24 June 2025Before Employment Judge BansalMidlands West

Outcome

Claimant succeeds

Individual claims

Constructive Dismissalsucceeded

The tribunal found the claim for constructive unfair dismissal contrary to s95(1)(c) of the Employment Rights Act 1996 was well founded. The claimant successfully established that she was constructively dismissed, meaning the respondents' conduct amounted to a fundamental breach of contract entitling her to resign and treat herself as dismissed.

Facts

Mrs A Riley was employed in an education setting involving The Lighthouse Federation and the Governing Body of Moorcroft Primary School. The case was heard over three days in May and June 2025. This is a liability judgment only, with remedy to be determined separately.

Decision

The tribunal found in favour of the claimant on her claim for constructive unfair dismissal under s95(1)(c) ERA 1996. The respondents' conduct was found to constitute a fundamental breach of contract entitling the claimant to resign and treat herself as dismissed.

Practical note

This case reinforces that employers in the education sector must avoid conduct amounting to fundamental breach of the employment contract, as employees retain the right to resign and claim constructive dismissal.

Legal authorities cited

Statutes

ERA 1996 s.95(1)(c)

Case details

Case number
1307768/2023
Decision date
24 June 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
barrister