Claimant v Commercial Services Trading Limited
Outcome
Individual claims
The tribunal found that the claimant's claims of constructive unfair dismissal contrary to the Employment Rights Act 1996 were not well founded. The tribunal concluded that the respondent had not fundamentally breached the claimant's contract of employment such that she was entitled to resign and treat herself as dismissed.
The tribunal found that the claimant's claims of unlawful discrimination contrary to the Equality Act 2010 were not well founded. The tribunal was not satisfied that the claimant had established facts from which discrimination could be inferred on any protected characteristic ground.
Facts
Miss Caines brought claims of constructive unfair dismissal and unlawful discrimination against her former employer Commercial Services Trading Limited. The case was heard remotely over three days before a full tribunal panel. The claimant represented herself while the respondent was represented by counsel. Oral reasons were given at the hearing.
Decision
The tribunal dismissed all of Miss Caines' claims. The tribunal found that the respondent had not fundamentally breached her contract such that she was entitled to resign and treat herself as constructively dismissed. The tribunal also found that the discrimination claims were not well founded as the claimant had not established facts from which discrimination could be inferred.
Practical note
A self-represented claimant's constructive dismissal and discrimination claims failed where she could not establish fundamental breach of contract or facts from which discrimination could be inferred, despite a three-day hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2305053/2023
- Decision date
- 21 May 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No