Claimant v Iceland Foods Limited
Outcome
Individual claims
The tribunal found that the claimant was not constructively unfairly dismissed. The respondent did not breach the implied term of trust and confidence such that the claimant was entitled to resign in response to an actual or anticipatory fundamental breach of contract.
Facts
Miss Hooley brought a claim for constructive unfair dismissal against Iceland Foods Limited. She represented herself at the three-day hearing while the respondent was represented by counsel. The case proceeded to a full merits hearing.
Decision
The tribunal dismissed the claim, finding that the claimant was not constructively unfairly dismissed. The tribunal concluded that there was no breach of the implied term of trust and confidence by the respondent that would have entitled the claimant to resign and claim constructive dismissal.
Practical note
A self-represented claimant failed to establish constructive dismissal against a major retail employer, highlighting the difficulty of proving a fundamental breach of the implied term of trust and confidence without legal representation.
Legal authorities cited
Statutes
Case details
- Case number
- 2400980/2024
- Decision date
- 19 January 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No