Miss M. Jowett v Midland Lettings Limited Record of an Attended Hearing at the Employment Tribunal — 2025

Employment Judge Broughton, sitting alone, held that the claimant's claim of constructive unfair dismissal was well founded and succeeded. The claimant, formerly a Property Portfolio Manager employed since February 2021 (with employment transferred to the respondent under TUPE in April 2023), resigned with immediate effect on 18 October 2024 in response to a series of acts she said amounted to a breach of the implied term of trust and confidence.

The tribunal also found that the respondent had made an unlawful deduction of wages under s.13 ERA 1996, but awarded no compensation in respect of that finding. All remaining claims (breach of contract, holiday pay deduction, failure to make pension contributions, and a claim for injury to feelings for breach of trust and confidence) were not well founded and were dismissed; in particular, applying Addis v Gramophone Co Ltd and subsequent authority, the tribunal held that this was not an exceptional case warranting damages for distress arising from breach of the implied duty of trust and confidence.

The respondent was ordered to pay the claimant £5,200 in respect of the constructive unfair dismissal claim, comprising a £2,100 basic award and a £3,100 compensatory award (£2,600 loss of earnings net plus £500 loss of statutory rights). The recoupment provisions did not apply.