Mr Demetri Lewis v AND Together for Mental Wellbeing Limited — 2025

Employment Judge N J Roper, sitting under rule 22 with no response from the respondent, found that the claimant was constructively dismissed on 12 March 2025 having raised concerns about an unsafe working environment with a supervisor in whom he had no faith. Although the claimant had insufficient continuity of service for ordinary unfair dismissal, the dismissal was automatically unfair under section 100(1)(d) of the Employment Rights Act 1996 because the principal reason for resignation was a circumstance of danger which the claimant reasonably believed to be serious and imminent.

The complaint of breach of contract for one week's notice pay was upheld at £449.66. The victimisation claim under section 27 of the Equality Act 2010 failed because the claimant's formal grievance did not amount to a protected act. Health and safety detriment and protected disclosure claims were dismissed on withdrawal.

A compensatory award of £11,048.31 was uplifted by 15% under section 207A TULR(C)A 1992 for the respondent's lengthy failure to deal with the grievance, giving £12,705.58. Recoupment Regulations did not apply.