Claimant v Walsall Housing Group Ltd
Outcome
Individual claims
The tribunal found that the claimant's claim for 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 him to resign and treat himself as constructively dismissed.
Facts
Mr L Grant brought a claim for constructive unfair dismissal against Walsall Housing Group Ltd. The case was heard over two days in Birmingham before Employment Judge Hughes. The claimant was represented by an employment advisor, Mr H Cottam, while the respondent was represented by counsel, Ms H Ifeka.
Decision
The tribunal dismissed the claimant's claim for constructive unfair dismissal, finding it was not well-founded. The tribunal concluded that the claimant had failed to establish the necessary fundamental breach of contract that would entitle him to resign and claim constructive dismissal.
Practical note
A claimant must establish a fundamental breach of contract by the employer to succeed in a constructive dismissal claim; merely resigning from employment is insufficient without proving such a breach.
Case details
- Case number
- 1303376/2024
- Decision date
- 31 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep