Claimant v East Lancashire Hospitals NHS Trust
Outcome
Individual claims
The tribunal found the complaint of constructive unfair dismissal pursuant to section 95(1)(c) of the Employment Rights Act 1996 was not well-founded. The claimant failed to establish that the respondent committed a fundamental breach of contract entitling her to resign and treat herself as dismissed.
The tribunal found the complaint of redundancy pay was not well-founded. As the claimant was not dismissed and resigned instead, she was not entitled to a redundancy payment.
Facts
Stacey Feeney was employed by East Lancashire Hospitals NHS Trust and resigned, claiming constructive dismissal. She also brought a claim for redundancy pay. The hearing took place in Manchester on 4 June 2025 with the claimant representing herself and the respondent represented by counsel.
Decision
Employment Judge Thompson dismissed both claims. The tribunal found the constructive unfair dismissal claim was not well-founded under section 95(1)(c) ERA 1996, and the redundancy pay claim also failed because the claimant resigned and was not dismissed.
Practical note
An employee who resigns cannot claim redundancy pay, and must prove a fundamental breach of contract by the employer to establish constructive dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 2402053/2024
- Decision date
- 4 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No