Claimant v Wandsworth Oasis Trading Company Ltd
Outcome
Individual claims
The tribunal did not uphold the claimant's claim for constructive dismissal. The tribunal found that the respondent had not committed a fundamental breach of contract sufficient to entitle the claimant to resign and treat herself as constructively dismissed.
The tribunal did not uphold the claimant's claims for direct sexual orientation discrimination. The tribunal found that the treatment complained of was not because of the claimant's sexual orientation and/or that no less favourable treatment was established.
Facts
Mrs Ashford brought claims against Wandsworth Oasis Trading Company Ltd for constructive dismissal and direct sexual orientation discrimination. The case was heard over four days by video hearing. The claimant represented herself while the respondent was represented by counsel. The tribunal heard evidence and submissions from both parties.
Decision
The tribunal dismissed both claims. The constructive dismissal claim failed because the tribunal found no fundamental breach of contract by the employer. The sexual orientation discrimination claims failed because the tribunal was not satisfied that the treatment complained of was because of the claimant's sexual orientation or that less favourable treatment was established.
Practical note
Self-represented claimants face significant challenges in constructive dismissal and discrimination cases where the burden is on establishing both fundamental breach and causation linked to protected characteristics.
Case details
- Case number
- 2303633/2023
- Decision date
- 31 January 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No