Claimant v Santa Bapoo t/a Santa Care
Outcome
Individual claims
Claim for unpaid wages between February 2024 and May 2024 was withdrawn by the claimant by consent and dismissed upon withdrawal.
The tribunal found that the Respondent did not commit a repudiatory breach of the Claimant's contract, meaning the claim for constructive wrongful dismissal failed as the fundamental requirement for such a claim was not satisfied.
Facts
Mrs Gova brought claims for breach of contract against Santa Bapoo trading as Santa Care, a care provider. She claimed unpaid wages for the period February to May 2024 and also brought a constructive wrongful dismissal claim. The claimant was unrepresented while the respondent was represented by counsel instructed by Markel Law LLP. The hearing took place remotely by CVP.
Decision
The tribunal dismissed both breach of contract claims. The unpaid wages claim was dismissed upon withdrawal by consent. The constructive wrongful dismissal claim was dismissed on its merits because the tribunal found that the respondent had not committed a repudiatory breach of the claimant's contract, which is an essential requirement for such a claim.
Practical note
A constructive wrongful dismissal claim cannot succeed unless the employer has committed a repudiatory breach of contract sufficiently serious to entitle the employee to resign and treat themselves as dismissed.
Legal authorities cited
Case details
- Case number
- 3305614/2024
- Decision date
- 26 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No