Cases1300528/2024

Claimant v GC Glass & Glazing Ltd

9 June 2025Before Employment Judge T.R. SmithMidlands West

Outcome

Claimant fails

Individual claims

Constructive Dismissalfailed

The tribunal found that the claim of constructive unfair dismissal was not well founded and dismissed it, meaning the claimant failed to establish that there was a fundamental breach of contract by the respondent entitling them to resign and claim constructive dismissal.

Facts

Mr Fullard brought a claim of constructive unfair dismissal against his former employer GC Glass & Glazing Ltd, a company in the glass and glazing construction sector. The tribunal heard the case and considered whether the respondent had committed a fundamental breach of the employment contract that entitled the claimant to resign and claim constructive dismissal.

Decision

Employment Judge A Smith dismissed the claim, finding it was not well founded. The tribunal determined that the claimant had not established the necessary elements for a successful constructive dismissal claim.

Practical note

A constructive dismissal claim requires proof of a fundamental breach of contract by the employer; mere dissatisfaction with working conditions is insufficient without establishing such a breach.

Case details

Case number
1300528/2024
Decision date
9 June 2025
Hearing type
full merits
Hearing days
Classification
contested

Respondent

Sector
construction
Represented
No

Claimant representation

Represented
No