Mr R Forster, lay representative For the v Respondent — 2024

Employment Judge James, sitting alone at Sheffield (by video) on 29 and 30 September 2024, determined liability in the claimant's constructive unfair dismissal claim under s.95 of the Employment Rights Act 1996. The claimant had transferred to the respondent under TUPE on 31 July 2023 and resigned on 27 September 2023 after a series of post-transfer issues, including proposed changes to her contractual terms (an incorrect employer name, a mobility clause, and pay calculated on a four-day rather than a 4.5-day week), inadequate handling of her grievance, and representations made to her about her position.

The tribunal found that the respondent's conduct, including putting forward a contract on 10 August 2023 containing significant changes to terms and the inadequate investigation of and response to the claimant's grievance, breached the implied term of trust and confidence and amounted to a fundamental breach. The claimant resigned in response to the breach and did not affirm the contract by waiting twelve days after the grievance outcome. The respondent did not establish a potentially fair reason for dismissal, so the dismissal was unfair.

On remedy issues taken at the liability stage, the Judge found there was no evidential basis for a Polkey reduction and no basis for a reduction for contributory conduct, having rejected the respondent's argument that the claimant's conduct was the reason for the dismissal. Quantification of the basic and compensatory awards was reserved to a separate remedy hearing.