Constructive dismissal claim fails after earlier strike-out reversed
A former employee's constructive dismissal claim against Street Property Ltd was dismissed after a final hearing, despite earlier procedural errors that nearly struck out her case.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent for over two years.
- The claimant brought claims for unfair dismissal and unlawful deduction from pay.
- An earlier strike-out of the unfair dismissal claim was revoked after the claimant provided evidence of sufficient service.
- The respondent's application to strike out the claim was dismissed.
- The final hearing found the constructive dismissal claim not well founded and dismissed it.
Timeline
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Claim presented
The claimant brought claims for unfair dismissal and unlawful deduction from pay.
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Tribunal requested clarification
The tribunal wrote to the claimant asking her to clarify her length of service.
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Claimant responded
The claimant provided details of her start date and supporting evidence showing over two years' service.
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Initial strike-out judgment
Employment Judge Howard struck out the unfair dismissal claim due to apparent lack of service.
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Claimant sought reconsideration
The claimant emailed the tribunal pointing out she had provided the requested details.
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Reconsideration granted
Employment Judge Howard revoked the strike-out judgment and allowed the claim to proceed.
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Strike-out application hearing
Employment Judge Feeney heard and dismissed the respondent's application to strike out the claim.
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Final hearing (day 1)
The substantive hearing began via video conference.
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Final hearing (day 2)
The hearing continued and concluded.
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Judgment issued
Employment Judge Wheat dismissed the constructive dismissal claim as not well founded.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed (i.e., whether the employer's conduct amounted to a fundamental breach of contract entitling her to resign) and, if so, whether the dismissal was unfair.
The outcome
The tribunal dismissed the claimant's constructive dismissal claim as not well founded.
Key reasons:
- The claimant resigned but the tribunal found no fundamental breach of contract by the employer.
- The claimant's evidence did not establish that the employer's conduct was so serious that she was entitled to treat herself as dismissed.
Compensation: None awarded as the claim failed.
Lessons & takeaways
- Constructive dismissal claims require proof of a fundamental breach of contract by the employer; simply being unhappy at work is not enough.
- Employment tribunals can strike out claims for lack of service, but errors can be corrected if the claimant provides evidence in time.
- Representing yourself is possible, but having clear evidence of the employer's breach is crucial.
- Employers should respond to grievances properly to avoid allegations of constructive dismissal.
A procedural rollercoaster
This case began with a procedural error that nearly ended the claimant's unfair dismissal claim before it started. The tribunal initially struck out the claim because it thought the claimant had less than two years' service. However, the claimant had already provided evidence of over two years' service, which had been overlooked. The strike-out was later revoked, allowing the case to proceed.
The constructive dismissal claim
The claimant alleged she was constructively dismissed, meaning she claimed the employer's conduct was so bad that she had no choice but to resign. At the final hearing, the tribunal heard evidence from both sides. The employer, Street Property Ltd, argued that the claimant resigned voluntarily and that there was no breach of contract.
What the tribunal decided
Employment Judge Wheat concluded that the constructive dismissal claim was not well founded. The tribunal found that the employer's actions did not amount to a fundamental breach of contract. The claimant's decision to resign was not a response to conduct that entitled her to treat herself as dismissed.
What this means for similar cases
This case highlights the high bar for constructive dismissal claims. Employees who resign and claim constructive dismissal must show that the employer's breach was serious enough to justify leaving. It also shows that procedural mistakes can be fixed, but the underlying claim must still be strong. For employers, it underscores the importance of maintaining clear communication and addressing employee concerns to avoid allegations of constructive dismissal.
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