Case 3321041/2019 · Employment Tribunal
Mrs S McIvor, former colleague v Respondent — 2020
- Case reference
- 3321041/2019
- Decision date
- 1 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Vowles Members
- Venue
- Reading
- Panel members
- Ms S Hughes, Mr F Wright
Parties
1 namedClaimant
Mrs S McIvor, former colleague
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal heard evidence on oath and read documents provided by the parties. It gave oral reasons at the hearing. The case concerned a resignation from employment as an Accounts Assistant, with the effective date of termination identified as 9 April 2019.
On the unfair dismissal side, the tribunal treated the claim as one of unfair constructive dismissal under s.95(1)(c) and s.98 ERA 1996. It found that the claimant was not constructively dismissed, and the unfair dismissal complaint therefore failed and was dismissed.
The tribunal also dismissed the direct age discrimination complaint under s.13 Equality Act 2010. It found that the claimant was not subjected to less favourable treatment because of age.
Although the respondent had not given the claimant a written statement of employment particulars, the tribunal said she was not entitled to an award of compensation under s.38 Employment Act 2002 because it had not found in her favour on the above claims.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The judgment headed this issue as 'Unfair Constructive Dismissal' under s.95(1)(c) and s.98 ERA 1996. The tribunal found the claimant resigned from her employment as an Accounts Assistant on 9 April 2019 and was not constructively dismissed, so the unfair dismissal complaint was dismissed. | Dismissed | — | — |
| Age discrimination | The tribunal found that the claimant was not subjected to less favourable treatment because of age, so the direct age discrimination complaint under s.13 Equality Act 2010 was dismissed. | Dismissed | Age | — |
Legal tests applied
4 references- s.95(1)(c) ERA 1996
- s.98 ERA 1996
- s.13 Equality Act 2010
- s.38 Employment Act 2002
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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