Outcome
Individual claims
The tribunal found the complaint of unfair dismissal by reason of constructive dismissal was not well-founded, meaning the claimant failed to establish that the respondent committed a fundamental breach of contract entitling him to resign and claim constructive dismissal.
The tribunal found the complaint of harassment related to the claimant's disability was not well-founded, meaning the claimant failed to prove that the respondent's conduct amounted to unwanted conduct related to disability that violated his dignity or created an intimidating, hostile, degrading, humiliating or offensive environment.
Facts
Mr Thomas Samples brought claims against his employer Thorny Limited for constructive dismissal and harassment related to disability. The case was heard over four days at Watford Employment Tribunal. The claimant represented himself with assistance from his mother, while the respondent was represented by its Managing Director, Mr. John Thorn.
Decision
The tribunal unanimously dismissed both claims. The tribunal found that the claimant had not established that the respondent committed a fundamental breach of contract justifying his resignation, and that the conduct complained of did not amount to harassment related to his disability.
Practical note
A claimant must prove both a fundamental breach of contract and that they resigned in response to it to succeed in a constructive dismissal claim, and harassment claims require establishing unwanted conduct that violated dignity or created a proscribed environment.
Case details
- Case number
- 3311143/2023
- Decision date
- 21 May 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Name
- Thorny Limited
- Sector
- other
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No