Claimant v Rory J Holbrook Limited
Outcome
Individual claims
The tribunal found that the complaint of unfair constructive dismissal was not well-founded. This means the respondent did not breach the implied term of trust and confidence, or the claimant did not resign in response to that breach, or did not resign without affirming the contract.
Facts
Miss Kimberly Long brought a claim for unfair constructive dismissal against her employer Rory J Holbrook Limited. The case was heard over two days by Employment Judge Grubb sitting alone, with the claimant representing herself and the respondent represented by counsel Ms Gumbs. The hearing was conducted remotely.
Decision
The tribunal found that the complaint of unfair constructive dismissal was not well-founded. This means the respondent did not unfairly dismiss the claimant contrary to section 94 of the Employment Rights Act 1996. The claim therefore failed.
Practical note
A constructive dismissal claim requires proof that the employer fundamentally breached the contract of employment (typically the implied term of trust and confidence) and the employee resigned in response without delay or affirmation of the contract.
Legal authorities cited
Statutes
Case details
- Case number
- 3305894/2024
- Decision date
- 18 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No