Claimant v Hellermann Tyton Limited
Outcome
Individual claims
The Tribunal found that the complaint of constructive unfair dismissal contrary to section 95(1)(c) Employment Rights Act 1996 was not well founded, meaning the claimant did not establish that the respondent fundamentally breached the employment contract such as to entitle her to resign.
The Tribunal found that the complaint of harassment by reason of the claimant's disability contrary to section 26 Equality Act 2010 was not well founded, meaning the respondent's conduct did not amount to unwanted conduct related to disability that violated the claimant's dignity or created an intimidating, hostile, degrading, humiliating or offensive environment.
Facts
Ms Ordon, a Polish-speaking claimant who required an interpreter, brought claims against her employer Hellermann Tyton Limited. She alleged that she was constructively dismissed and that she was subjected to harassment related to her disability. The hearing took place over four days in person at Manchester Employment Tribunal in March 2025.
Decision
The Tribunal dismissed both claims, finding that the constructive unfair dismissal claim was not well founded under section 95(1)(c) of the Employment Rights Act 1996, and that the disability harassment claim was not well founded under section 26 of the Equality Act 2010. No awards were made.
Practical note
Self-represented claimants with language barriers face significant challenges in proving constructive dismissal and discrimination claims against represented employers, particularly where the fundamental breach and harassment elements cannot be established on the evidence.
Legal authorities cited
Statutes
Case details
- Case number
- 2413698/2023
- Decision date
- 14 March 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No