Claimant v Wilson James Ltd
Outcome
Individual claims
The tribunal heard the complaint of constructive unfair dismissal brought under sections 94 and 95(1)(c) of the Employment Rights Act 1996. After considering the evidence over two days, the tribunal concluded that the claim was not well-founded and dismissed it.
Facts
Mrs Hogg brought a claim for constructive unfair dismissal against Wilson James Limited under sections 94 and 95(1)(c) of the Employment Rights Act 1996. The hearing took place over two days via Cloud Video Platform at East London Hearing Centre. The claimant represented herself while the respondent was represented by an employment consultant. Oral reasons were given at the hearing.
Decision
The tribunal dismissed the constructive unfair dismissal claim, finding it was not well-founded. The judgment was delivered orally at the hearing on 19 March 2025.
Practical note
A constructive dismissal claim under ERA 1996 s.95(1)(c) requires the claimant to establish that the employer fundamentally breached the employment contract and that they resigned in response to that breach.
Legal authorities cited
Statutes
Case details
- Case number
- 3200019/2024
- Decision date
- 19 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Wilson James Ltd
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No