Claimant v Royal Devon University Healthcare NHS Foundation Trust
Outcome
Individual claims
The tribunal found that the Respondent did not commit a repudiatory breach of contract. Without a fundamental breach going to the root of the contract, the Claimant's resignation could not amount to constructive dismissal under the Western Excavating test.
Facts
Mrs Haydon, an employee of the Royal Devon University Healthcare NHS Foundation Trust, resigned from her employment and claimed constructive dismissal. She appeared in person with support from her husband at a two-day video hearing. The Respondent was represented by counsel.
Decision
The tribunal dismissed the constructive dismissal claim, finding that the Respondent had not committed a repudiatory breach of contract. Without such a fundamental breach, the Claimant's resignation could not constitute constructive dismissal.
Practical note
A constructive dismissal claim requires proof of a repudiatory breach by the employer that goes to the root of the contract; mere dissatisfaction or disagreement with employer conduct is insufficient.
Legal authorities cited
Case details
- Case number
- 6012394/2024
- Decision date
- 18 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No