Case 3316005/2019 · Employment Tribunal
In person. For the v Mrs J Fry, Solicitor — 2020
- Case reference
- 3316005/2019
- Decision date
- 16 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cassel Appearances
Parties
2 namedClaimant
In person. For the
Respondent
Key findings
Tribunal's reasoningThe Claimant, Mr Patrick Ferguson, resigned on 23 April 2019 after objecting to being included on a TUPE transfer list connected with the loss of the Hammersmith and Fulham contract. He had raised grievances about the proposed transfer and related matters, and the tribunal found that after the grievance process his name was removed from the list of those to be transferred. The tribunal also found that before he resigned he had been offered work on the Home Group Contract and commenced that work on 16 April 2019.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The claim was for constructive unfair dismissal. The tribunal found no fundamental breach of contract, found the Respondent had followed a fair and reasonable grievance procedure in relation to the proposed TUPE transfer, and found the Claimant did not leave because of any alleged breach. | Dismissed | — | — |
Legal tests applied
2 references- s.95(1)(c) Employment Rights Act 1996
- fundamental breach of contract
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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