Claimant v OCS Integrated Solutions Ltd
Outcome
Individual claims
The tribunal found that the claimant's claim for constructive unfair dismissal was not well founded and dismissed it. The judgment indicates that after a three-day full merits hearing with oral reasons given, the tribunal was not satisfied that the respondent had breached the implied term of trust and confidence or committed a fundamental breach of contract entitling the claimant to resign and claim constructive dismissal.
Facts
Mrs Janet Sykes brought a claim for constructive unfair dismissal against her former employer OCS Integrated Solutions Ltd. The case was heard over three days at Watford Employment Tribunal in February 2025. Mrs Sykes represented herself while the respondent was represented by counsel. The tribunal heard oral evidence and submissions from both parties.
Decision
Employment Judge Young dismissed the claim for constructive unfair dismissal, finding it was not well founded. The tribunal gave oral reasons at the hearing and determined that the claimant had not established that the respondent committed a fundamental breach of contract entitling her to resign and claim constructive dismissal.
Practical note
A claimant representing themselves in a constructive dismissal claim faces a significant burden to establish a fundamental breach of the implied term of trust and confidence, particularly when facing experienced counsel for the respondent.
Case details
- Case number
- 3312210/2023
- Decision date
- 19 February 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No