Claimant v D Houghton Limited t/a King Landscapes

The tribunal found that the claimant was unfairly constructively dismissed under sections 94 and 98 of the Employment Rights Act 1996. The respondent's conduct was such that it amounted to a fundamental breach of the employment contract, entitling the claimant to resign and claim constructive dismissal.

The tribunal found the constructive dismissal was automatically unfair under section 100(1)(e) of the Employment Rights Act 1996, which relates to health and safety circumstances in which it was not reasonably practicable for the employee to avert danger. The claimant left work in circumstances of danger which he reasonably believed to be serious and imminent.

The tribunal found that the respondent subjected the claimant to various health and safety related detriments contrary to section 44(1A)(b) of the Employment Rights Act 1996. The claim succeeded in respect of paragraphs 1, 3, 5, 6, 7, 9, 10, 12 and 15 in the claimant's particulars, succeeded in part for paragraph 8(a), but the remaining detriment claims under sections 44(1)(c) and 44(1A)(b) were dismissed as not well founded.