Claimant v Alfrecell Limited
Outcome
Individual claims
The tribunal found that the claim of constructive unfair dismissal was not well founded. The claimant failed to establish that there was a fundamental breach of contract by the respondent that entitled her to resign and treat herself as dismissed, or that the breach was sufficiently serious to constitute a repudiatory breach justifying constructive dismissal.
Facts
Mrs Foster brought a claim of constructive unfair dismissal against Alfrecell Limited. The judgment document provides only the outcome and no detailed facts or reasoning, as oral reasons were given at the hearing and written reasons were not requested by either party.
Decision
Employment Judge Broughton dismissed the claim, finding it was not well founded. The tribunal concluded that Mrs Foster had not established the necessary elements for a successful constructive dismissal claim.
Practical note
A claimant must prove a fundamental breach of contract that goes to the root of the employment relationship to succeed in a constructive dismissal claim.
Case details
- Case number
- 2603178/2023
- Decision date
- 2 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No