Miss N Ogilvie v Alexander Optometrists Ltd — 2025

The Claimant, Miss N Ogilvie, brought a claim of unfair constructive dismissal against Alexander Optometrists Ltd, alleging breach of the implied terms of mutual trust and confidence and the duty to provide a safe workplace. She resigned with notice on 12 July 2024, relying on a final straw said to have occurred on 11 June 2024, when she was offered a payout to leave and told by Mr Surtees that he was not going to change, together with her job being advertised while she was on sick leave. A holiday pay claim was withdrawn during the hearing as the monies had been paid.

Employment Judge Gould, sitting alone, held that the complaint of unfair (constructive) dismissal was well-founded. The Respondent had contended that any dismissal was for the potentially fair reason of conduct (alleged bullying of staff and the Claimant's behaviour on 11 June 2024) and raised arguments on contributory fault, ACAS Code compliance and a Polkey reduction; these matters, alongside the question of whether the Claimant might have left employment in any event, were left to be addressed at a remedy hearing.

The tribunal directed that a further hearing be listed to deal with outstanding remedy issues, to be held by video with a time estimate of 1 day. The remedy hearing may also consider whether any award should be increased under section 38 of the Employment Act 2002 in respect of section 1 written statement particulars under the Employment Rights Act 1996.