Constructive dismissal claim struck out: short service and no notice pay loss

A claim that fell at the first hurdle

This case shows how employment tribunal claims can fail even before reaching a full hearing if the basic legal requirements are not met. The claimant, a personal assistant to the chairman of Whitworth Brothers Ltd, resigned after less than a year in the role. She claimed constructive unfair dismissal and age discrimination, but the tribunal struck out all her complaints.

The key problem was that the claimant had only 10 months' service — well short of the two years needed to bring an ordinary unfair dismissal claim. Her constructive dismissal claim also faced a fundamental obstacle: she had worked her full one-month notice period and been paid in full, then started a new job immediately. With no loss of earnings, there was nothing to claim for wrongful dismissal.

What the employer did right

Martin F George, the respondent, was able to show that the claimant's contract was with the company, not him personally. The tribunal also noted that the claimant had been asked repeatedly to explain why her claims should not be struck out, but she did not respond substantively. She failed to attend the final hearing, and the tribunal proceeded in her absence.

Why this matters for similar claims

This case is a reminder that employment rights come with strict eligibility criteria. For unfair dismissal, you generally need two years' service. For constructive dismissal, you must show that your employer's conduct was a fundamental breach of contract that left you no choice but to resign — and that you resigned promptly in response. Even then, if you suffer no financial loss, a wrongful dismissal claim may not succeed. Engaging with tribunal procedures is also essential: ignoring correspondence or missing hearings can result in your claim being struck out without any consideration of the merits.