Claimant v Equans E&S Solutions Limited
Outcome
Individual claims
Struck out for having no reasonable prospects of success. The claimant accepted he was still employed and had not resigned or served notice to terminate his employment. Resignation is required before the Tribunal has jurisdiction to consider a complaint of constructive dismissal per Capek v Lincolnshire County Council.
Struck out for having no reasonable prospects of success. The claimant accepted he was still employed and therefore no dismissal had occurred, meaning the Tribunal had no jurisdiction to hear the complaint.
Facts
The claimant brought a claim for constructive and unfair dismissal while still employed by the respondent. He accepted that he remained employed and had not resigned or served notice to terminate his employment, but believed he had been placed in a position that would allow him to claim constructive dismissal.
Decision
The Tribunal struck out the claim under Rule 38(1)(a) for having no reasonable prospects of success. The Tribunal held it had no jurisdiction to hear the complaint because resignation and notice to terminate the contract are required before a constructive dismissal claim can be brought, following Capek v Lincolnshire County Council.
Practical note
A claimant cannot bring a constructive dismissal claim while still employed and without having first resigned or served notice to terminate their employment contract.
Legal authorities cited
Case details
- Case number
- 2303649/2024
- Decision date
- 16 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No