Claimant v Rowland Brothers Ltd
Outcome
Individual claims
The tribunal found that the complaint of constructive unfair dismissal was not well-founded. The claimant failed to establish that the respondent had committed a fundamental breach of contract entitling her to resign and treat herself as constructively dismissed.
Facts
Ms K Scott brought a claim for constructive unfair dismissal against Rowland Brothers Ltd. The hearing took place over two days in January 2025 before Employment Judge Harley at London South. The claimant appeared in person while the respondent was represented by Ms Dowey, a litigator.
Decision
The tribunal dismissed the claim, finding that the complaint of constructive unfair dismissal was not well-founded. The claimant failed to establish that the respondent had breached the contract of employment in a manner that entitled her to resign and claim constructive dismissal.
Practical note
A constructive dismissal claim requires proof of a fundamental breach of contract by the employer, and mere dissatisfaction with working conditions is insufficient to establish such a breach.
Case details
- Case number
- 6012639/2024
- Decision date
- 21 January 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No