Miss J Moran v Mr Gary Ata trading as Noble Design & Build AT A HEARING — 2024

The holiday pay claim was dismissed on withdrawal, leaving a claim of constructive unfair dismissal. The tribunal proceeded in the claimant's absence after she emailed during the second hearing day to say she would not attend the final part of the hearing and did not seek an adjournment.

The tribunal found that personal issues between the claimant and B had entered the workplace and affected their working relationship, but that the respondent had sought to keep them separate and facilitate the claimant remaining in the business. It found that the later holiday booking issue was careless miscommunication and could in appropriate circumstances be capable of being a last straw, but was not itself a breach of contract.

The tribunal accepted that the claimant had genuinely concluded she could no longer continue working for the respondent, particularly because of the personal situation with B. It found, however, that she had not shown conduct by the respondent or its agents which separately or cumulatively amounted to a fundamental or repudiatory breach, and therefore found she was not constructively dismissed.