Case 2411399/2018 · Employment Tribunal
Mrs B Pearson v Cumbria County Council — 2020
- Case reference
- 2411399/2018
- Decision date
- 23 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ross REPRESENTATION
Parties
2 namedClaimant
Mrs B Pearson
Respondent
Key findings
Tribunal's reasoningMrs B Pearson resigned from her role as a Senior Teaching Assistant on 15 January 2018, after an Occupational Health appointment suggested that she would be fit to return to work with a phased return. The tribunal recorded that she was offered the chance to retract her resignation on 19 January 2018 but chose not to do so. Her grievance, escalated after resignation, was not upheld.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The claim was pleaded and determined as unfair (constructive) dismissal. The tribunal found no breach of the implied duty of trust and confidence and held that the claimant's resignation did not amount to constructive dismissal. | Dismissed | — | — |
Legal tests applied
3 references- Malik test
- implied duty of trust and confidence
- Polkey principle
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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