Claimant v Hampshire County Council
Outcome
Individual claims
The tribunal found that during the period from 20 April 2023 to the claimant's resignation on 15 January 2024, the respondent did not act in fundamental breach of the implied term of mutual trust and confidence. The claimant's resignation therefore did not constitute a dismissal under s95(1) Employment Rights Act 1996 and the constructive unfair dismissal claim failed.
Facts
The claimant resigned from her employment with Hampshire County Council on 15 January 2024. She brought a claim of constructive unfair dismissal alleging that the respondent had fundamentally breached the implied term of mutual trust and confidence during the period from 20 April 2023 to her resignation. The case was heard over two days by video hearing.
Decision
The tribunal found that the respondent had not acted in fundamental breach of the implied term of mutual trust and confidence. Consequently, the claimant's resignation did not constitute a dismissal under section 95(1) of the Employment Rights Act 1996, and her constructive unfair dismissal claim was dismissed.
Practical note
A constructive dismissal claim requires proof of a fundamental breach by the employer; resignation alone without such breach does not constitute dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6000557/2024
- Decision date
- 7 February 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Hampshire County Council
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No