Case 6007371/2025 · Employment Tribunal
In Person For v Mr H Price (Director) — 2026
- Case reference
- 6007371/2025
- Decision date
- 24 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Beckett
Parties
2 namedClaimant
In Person For
Respondent
Key findings
Tribunal's reasoningMs Sabbah Berrebha alleged constructive unfair dismissal arising from a conversation with Mrs Laura Price on 29 October 2024. She contended that The Home Organisation Ltd had required her to choose between working solely for it and continuing her own business. The tribunal preferred Mrs Price’s account and the contemporaneous evidence, finding that no ultimatum or compulsory choice was imposed. It interpreted the discussion objectively as a request made in the context of the claimant’s pay-rise request and the respondent’s consideration of her growing business.
The tribunal found that the respondent had not acted so as to breach the implied term of trust and confidence or committed a fundamental or repudiatory breach. The subsequent discussion produced an agreed three-week period before the relationship ended on or about 18 November 2024. The tribunal concluded that the employment terminated by mutual consent, rather than by resignation in response to a repudiatory breach, and dismissed the constructive unfair dismissal complaint.
The holiday pay complaint accrued no later than the end of the relationship but was treated as having been made when permission to amend was granted on 26 January 2026; it did not relate back to the original claim presented on 3 March 2025. The tribunal found it was outside the three-month time limit and that the evidence did not establish that presenting it in time had not been reasonably practicable. It struck out the complaint under Rule 38 because the tribunal lacked jurisdiction and the claim had no reasonable prospect of success. No monetary remedy was awarded.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The operative judgment dismissed the complaint of constructive unfair dismissal after finding that the employment ended by mutual consent. | Dismissed | — | — |
| Holiday pay | The unpaid holiday pay complaint under Regulation 30(1)(b) WTR 1998 was struck out under Rule 38 because it was out of time, the requirements of Regulation 30(2)(b) were not satisfied, and the tribunal therefore lacked jurisdiction. | Struck out | — | — |
Legal tests applied
7 references- Section 95(1)(c) Employment Rights Act 1996
- Western Excavating (ECC) v Sharp [1978] ICR 221
- Kaur v Leeds Teaching Hospital NHS Trust [2018] EWCA Civ 978
- Implied term of trust and confidence
- Felthouse v Bindley [1862] 11 CB NS 869
- Regulation 30(2)(b) Working Time Regulations 1998
- Rule 38 Employment Tribunal Procedure Rules 2024
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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