Outcome
Individual claims
The tribunal found that the claimant was constructively dismissed by the respondent. The judgment does not provide detailed written reasons, but the finding indicates the respondent's conduct was such as to entitle the claimant to resign and treat themselves as dismissed.
The tribunal found that the dismissal was unfair. This followed from the finding of constructive dismissal, indicating the respondent did not act reasonably or follow a fair procedure in the circumstances leading to the claimant's resignation.
Facts
The claimant was employed by the respondent, an individual employer (J Wilson). The claimant alleged constructive dismissal based on the respondent's conduct. The claimant was represented by Mrs Gibbs as a lay representative, while the respondent appeared in person. The hearing took place over two days in Manchester.
Decision
The tribunal found the claimant was constructively and unfairly dismissed. A basic award of £1,035.28 was made after a reduction for the claimant's conduct found just and equitable. A compensatory award of £776.46 was made after a 25% reduction for the claimant's failure to engage with the ACAS grievance code. Total award was £1,811.74.
Practical note
Even where constructive dismissal is proven, tribunals may reduce both basic and compensatory awards where the claimant's own conduct contributed to the situation or where they failed to follow ACAS procedures, particularly the grievance code.
Award breakdown
Adjustments
The claimant failed to engage with the ACAS code for grievances and it was just and equitable to make a 25% reduction to the compensatory award
Case details
- Case number
- 2401750/2024
- Decision date
- 31 January 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- J Wilson
- Sector
- other
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- Yes
- Rep type
- lay rep