Constructive dismissal claim upheld: employer's breach led to resignation
A former employee has won her claim for constructive unfair dismissal and breach of contract for notice pay against Acton Vale Community Association. A remedy hearing will determine compensation in January 2024.
1 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #breach-of-contract
- #notice-pay
- #remedy-pending
Key facts
- The claimant's claim for constructive unfair dismissal was well founded.
- The complaint of breach of contract in relation to notice pay was well founded.
- A remedy hearing is scheduled for 26 January 2024.
- The claimant was represented by counsel, the respondent by a consultant.
Timeline
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First day of hearing
Substantive hearing commenced via video at London Central Employment Tribunal.
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Second day of hearing and judgment
Hearing concluded; judgment given finding constructive unfair dismissal and breach of contract well founded.
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Judgment sent to parties
Written judgment sent to parties on the same day.
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Claimant's schedule of loss due
Claimant must send schedule of loss to respondent and tribunal.
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Respondent's counter schedule due
Respondent must send counter schedule of loss.
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Remedy documents exchange
Parties must exchange lists and copies of documents for remedy hearing.
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Agreed bundle deadline
Parties must agree the hearing bundle.
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Witness statements exchange
Parties must exchange witness statements.
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Final bundle and witness statements to tribunal
Claimant provides electronic bundle; parties file witness statements.
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Remedy hearing
Three-hour remedy hearing via video to determine compensation.
The legal issue
The tribunal had to decide whether the employer's actions were so serious that they destroyed the trust and confidence required for the employment relationship, amounting to constructive dismissal, and whether the employee was entitled to notice pay.
The outcome
The tribunal upheld the claim for constructive unfair dismissal and breach of contract in relation to notice pay. The employer's conduct was found to be a fundamental breach, justifying the employee's resignation.
Compensation will be determined at a remedy hearing scheduled for 26 January 2024. No damages have been awarded yet.
Lessons & takeaways
- If you resign because of your employer's conduct, you must show they committed a fundamental breach of contract, such as destroying trust and confidence.
- Constructive dismissal claims require you to act promptly after the breach; delay may waive your right to claim.
- Breach of contract claims for notice pay can be brought alongside constructive dismissal claims if the employer fails to pay what is owed.
- Keep evidence of the employer's conduct, such as emails or witness statements, to support your case.
What this case shows in practice
This case illustrates how an employer's actions can lead to a constructive dismissal claim. The former employee resigned after the employer's conduct made it impossible to continue working. The tribunal agreed that the employer's behaviour was a fundamental breach of contract, entitling the employee to treat herself as dismissed.
What the employer could have done differently
Acton Vale Community Association could have avoided this outcome by addressing the employee's concerns promptly and fairly. A proper grievance process might have resolved the issues before they escalated to a resignation. Employers should be aware that failing to maintain trust and confidence can have serious legal consequences.
Why the result matters
This decision confirms that constructive dismissal claims can succeed when employers breach the implied term of mutual trust and confidence. For employees, it shows that resigning in response to serious misconduct can lead to a finding of unfair dismissal. The upcoming remedy hearing will determine the compensation, which may include a basic award and compensation for financial losses.
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