Case 3300003/2025 · Employment Tribunal
Mr Hallstrom, Counsel For the v Briggate Service Garage Ltd — 2025
- Case reference
- 3300003/2025
- Decision date
- 13 November 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore
- Venue
- Cambridge
Parties
2 namedClaimant
Mr Hallstrom, Counsel For the
Respondent
Key findings
Tribunal's reasoningThe claimant brought claims for constructive unfair dismissal and automatic constructive unfair dismissal on the basis that the sole or principal reason for the dismissal was a TUPE transfer or a reason connected with such a transfer. The tribunal was not satisfied on the evidence that the prospective sale amounted, or would have amounted, to a TUPE transfer.
For the ordinary constructive dismissal claim, the tribunal found that the respondent committed a fundamental breach when the claimant was told her job would not be safe if the sale went through because the role was earmarked for the proposed new owner's daughter. However, the claimant affirmed that breach by continuing in employment for the following seven weeks. The later email saying the sale had fallen through and asking her to return to the office was not found to be a repudiatory breach or a last straw, so the constructive unfair dismissal claim failed.
The itemized pay statement claim was dismissed on withdrawal by the claimant. No remedy was awarded.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claim for failure to provide itemized pay statements was dismissed on withdrawal by the Claimant. | Withdrawn | — | — |
| Transfer of undertakings (TUPE) | Claim of automatic constructive unfair dismissal pursuant to regulation 7 of TUPE 2006 was dismissed. | Dismissed | — | — |
| Constructive dismissal | Claim of constructive unfair dismissal was dismissed. | Dismissed | — | — |
Legal tests applied
4 references- s.111A Employment Rights Act 1996
- without prejudice rule
- implied term of mutual trust and confidence
- reg. 7 Transfer of Undertakings (Protection of Employment) Regulations 2006
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.
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