Claimant v James Andrew Residential Ltd
Outcome
Individual claims
The tribunal found that the complaint of constructive unfair dismissal was not well-founded and dismissed it. The claimant failed to establish that there was a fundamental breach of contract by the employer that entitled him to resign, or that he resigned in response to such a breach without affirming the contract.
Facts
Mr Margiotta brought a claim of constructive unfair dismissal against his former employer, James Andrew Residential Ltd, a company operating in the residential property sector. The case was heard over two days by video-link at London South Employment Tribunal in January 2025. The claimant represented himself while the respondent was represented by a non-practising solicitor.
Decision
Employment Judge E Macdonald dismissed the claim, finding it was not well-founded. The tribunal concluded that the claimant had not established the necessary elements for a successful constructive dismissal claim. Oral reasons were provided at the hearing.
Practical note
A claimant must prove both that the employer committed a fundamental breach of contract and that they resigned in response to that breach without delay, to succeed in a constructive dismissal claim.
Case details
- Case number
- 2302680/2024
- Decision date
- 9 January 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- real estate
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No