Constructive dismissal win against solicitors firm in administration
A former employee of McMillan Williams Solicitors won £13,649 after the tribunal found she was constructively unfairly dismissed. The firm did not attend the hearing.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #unfair-dismissal
- #withdrawn-claims
- #disability-discrimination
- #unpaid-holiday
- #notice-pay
Key facts
- The claimant withdrew claims for disability discrimination, unpaid holiday, and notice pay.
- The respondent did not attend the hearings.
- The tribunal found the complaint of constructive unfair dismissal well-founded.
- The claimant was awarded £13,649.31 in total for unfair dismissal.
- The prescribed element of the award is £11,247.00 for the period 20 September 2019 to 10 August 2020.
Timeline
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Prescribed element period start
The start date of the period to which the prescribed element of the award relates.
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Prescribed element period end
The end date of the period to which the prescribed element of the award relates.
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First hearing
Hearing before Employment Judge Martin where the claimant withdrew claims for disability discrimination, unpaid holiday, and notice pay.
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Second hearing (day 1)
First day of the substantive hearing before Employment Judge Macey.
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Second hearing (day 2) and judgment
Second day of the hearing; judgment issued finding constructive unfair dismissal and awarding £13,649.31.
The legal issue
The tribunal had to decide whether the former employee was constructively unfairly dismissed, meaning whether the employer's conduct was so serious that it justified her resignation.
The outcome
The tribunal ruled in favour of the claimant, finding that she was constructively unfairly dismissed.
- Basic award: £1,575.00
- Compensatory award: £12,074.31
- Total: £13,649.31
- A prescribed element of £11,247.00 relates to the period 20 September 2019 to 10 August 2020, subject to recoupment of benefits.
Lessons & takeaways
- If you resign in response to a serious breach of contract by your employer, you may have a claim for constructive unfair dismissal.
- Employers who fail to attend tribunal hearings may still face a judgment and be ordered to pay compensation.
- Keep records of any conduct that you believe breaches your contract, as this will be key evidence in a constructive dismissal claim.
- Withdrawing other claims (e.g., disability discrimination) does not affect your ability to pursue a constructive unfair dismissal claim.
What this case shows
This case demonstrates that even when an employer has entered administration and fails to defend itself, a tribunal can still find that a constructive unfair dismissal took place. The former employee of McMillan Williams Solicitors Limited resigned after what she considered a fundamental breach of her employment contract. The tribunal agreed, awarding her over £13,600.
What the employer could have done differently
The respondent did not attend any of the hearings. By engaging with the process, the firm might have been able to challenge the claim or reduce the compensation. However, given that the company was in administration, it may have had limited resources to participate.
Why this matters
This case is a reminder that employers must honour their contractual obligations. If they fail to do so, employees may be entitled to resign and claim constructive unfair dismissal. The award includes a basic award based on length of service and age, and a compensatory award for financial losses. The prescribed element of £11,247 is subject to recoupment of benefits, meaning the claimant may need to repay some state benefits received during that period.
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