Constructive dismissal and holiday pay claim settled by consent after employer concedes
A former employee has won £36,000 in a constructive unfair dismissal and holiday pay claim after the employer conceded liability on the day of the hearing.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #holiday-pay
- #written-particulars
- #consent-judgment
Key facts
- The claimant resigned in response to the respondent's conduct.
- The respondent conceded unfair constructive dismissal and holiday pay.
- The parties agreed on compensation amounts by consent.
- The respondent failed to provide written particulars of employment.
Timeline
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Preliminary hearing
Employment Judge Laidler heard applications for default judgment and extension of time.
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Full merits hearing
The respondent conceded liability for unfair constructive dismissal and holiday pay. Parties reached settlement on compensation.
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Judgment issued
Employment Judge Havard issued judgment by consent awarding £34,870.56 for unfair dismissal and £1,129.44 for holiday pay.
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Certificate of correction
Corrected respondent's name and decision date.
The legal issue
The tribunal had to decide whether the former employee was constructively unfairly dismissed and entitled to holiday pay, but the employer admitted liability before the hearing began.
The outcome
The tribunal issued a judgment by consent, finding the employer liable for constructive unfair dismissal and unpaid holiday pay.
- Basic award: £9,761.43
- Compensatory award: £17,800.39
- Notice pay: £5,647.20
- Failure to provide written particulars: £1,661.54
- Holiday pay: £1,129.44
- Total: £36,000.00
Lessons & takeaways
- If you resign because of your employer's conduct, you may have a claim for constructive dismissal if the breach is fundamental.
- Employers must provide written particulars of employment; failure to do so can lead to additional compensation.
- Holiday pay is a statutory right; unpaid holiday can be claimed separately.
- Conceding liability before trial can save costs but may still result in significant compensation.
A case resolved by consent
This case shows how an employer's last-minute concession can still lead to a substantial payout. The former employee resigned in response to the employer's conduct, claiming constructive unfair dismissal. The employer also failed to provide written particulars of employment and owed holiday pay.
What the employer could have done differently
The employer conceded liability on the morning of the full hearing, avoiding a contested trial. However, earlier recognition of the claim might have reduced legal costs and the stress of litigation. Providing written particulars and paying holiday pay when due could have prevented the claim entirely.
Why this matters
This judgment highlights that constructive dismissal claims can succeed when an employer's behaviour forces a resignation. It also reinforces that statutory rights like holiday pay and written particulars are enforceable. The agreed compensation of £36,000 reflects the losses caused by the employer's failures.
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