Claimant v Claims Equilibrium Club Ltd — 2025

Mr D Ashe alleged that he had been unfairly constructively dismissed by Claims Equilibrium Club Ltd. The tribunal found that, when Mr Topping recruited him in March and April 2022, the parties discussed a director role with an entitlement to acquire up to 50% of the company’s shares over five years, and that this was at least a clear statement of intent on which Mr Ashe was entitled to rely. It found that the relationship later broke down and that Mr Topping withdrew the equity purchase opportunity without discussing that change with Mr Ashe, despite knowing how important the equity arrangement was to him.

The tribunal also found that Mr Topping had no reasonable and proper cause to take no action over the claimant’s sickness absence, and that he did not have reasonable and proper cause to leave unresolved the partially upheld grievance points. It accepted that the claimant was off sick with work-related stress and that it was appropriate not to press the grievance while he was absent, but it held that the failure to manage the absence, together with the withdrawal of the equity opportunity and the "shut up" incident in front of other staff, cumulatively destroyed trust and confidence. Applying the constructive dismissal analysis, including the Kaur questions, the tribunal held that the claimant resigned in response to that breach and was unfairly constructively dismissed.

On remedy, the tribunal rejected claims for future loss, bonus loss and the loss of an opportunity to purchase shares, and it refused an ACAS uplift. It found contributory conduct by the claimant and reduced both the compensatory and basic awards by 50%, initially awarding £14,568. A reconsideration judgment on 26 January 2026 granted the respondent’s application on an arithmetic error, and a certificate of correction dated 12 February 2026 varied the award to £10,111, comprising a £700 basic award and a £9,411 compensatory award.