Cases6015509/2024

Claimant v London Fire Brigade

23 April 2025Before Employment Judge MoorLondon Eastremote video

Outcome

Claimant fails

Individual claims

Constructive Dismissalfailed

The tribunal found that the complaint of unfair constructive dismissal was not well-founded. The claimant did not establish that the respondent had fundamentally breached the contract of employment such as to entitle him to resign and treat himself as dismissed. Oral reasons were given at the hearing.

Facts

Mr Nash brought a claim of unfair constructive dismissal against the London Fire Brigade. The case was heard over two days by video. The claimant was represented by a friend, Mr Farrant, while the respondent was represented by counsel.

Decision

The tribunal dismissed the claim, finding that it was not well-founded. The tribunal determined that the claimant had not established that the respondent committed a fundamental breach of contract that entitled him to resign and claim constructive dismissal. Oral reasons were provided at the hearing.

Practical note

Constructive dismissal claims require proof of a fundamental breach of contract by the employer that goes to the root of the employment relationship and entitles the employee to resign.

Case details

Case number
6015509/2024
Decision date
23 April 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Name
London Fire Brigade
Sector
emergency services
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep