Case 1302850/2021 · Employment Tribunal
Ms Denise McCarthy v Saint Gobain Building Distribution Ltd — 2022
- Case reference
- 1302850/2021
- Decision date
- 4 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hena Representation
Parties
2 namedClaimant
Ms Denise McCarthy
Respondent
Key findings
Tribunal's reasoningThe Tribunal held that the claimant's constructive unfair dismissal claim succeeded. It found that there was a repudiatory breach by the respondent, including a breach of contract which damaged the relationship of confidence between the claimant and respondent. The breaches caused the claimant to resign, with the final straw being the January 2021 restructure which excluded her, and the claimant had not affirmed the contract.
The respondent had not pleaded fairness in response to the dismissal. The Tribunal also upheld the claimant's wrongful dismissal claim, finding that the employment contract had been breached in relation to pay and the grievance process, and that the claimant's claim for 12 weeks' notice pay succeeded.
The respondent's adjournment application was refused. The Tribunal found there was insufficient medical evidence, that the respondent had sufficient notice to arrange attendance, and that further delay was not justified. The hearing proceeded in the respondent's absence under Rule 47 of the 2013 Tribunal Rules.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The judgment describes this as a claim for constructive unfair dismissal and finds that s.95(1)(c) was met. Remedy was reserved to a later hearing. | Upheld | — | — |
| Wrongful dismissal | The wrongful dismissal claim succeeded on the basis that the employment contract was breached in relation to pay and the grievance process. The claim for 12 weeks' notice pay also succeeded. Remedy was reserved to a later hearing. | Upheld | — | — |
Legal tests applied
5 references- s.95(1)(c)
- Rule 30 of the 2013 Tribunal Rules
- Rule 47 of the 2013 Rules
- overriding objective
- Presidential guidance
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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