Mr K Burke v Equans E&S Solutions Ltd: 2303649/2024

EMPLOYMENT TRIBUNALS

Case No 2303649/2024

Between

Mr K Burke vClaimant

Equans E&S Solutions LtdRespondent

Before

Employment Judge Fredericks-Bowyer

In person for claimant

Mr P Gorasia (instructed by Counsel) for respondent

Date 16 April 2025

REASONS

[1]The claimant accepts he is still employed by the respondent but considers he has been put into a position that would allow him to claim constructive dismissal.

[2]The claimant has not resigned from his employment. Resignation (the notice to terminate the contract) is required to take place before the Tribunal has jurisdiction to consider a complaint of constructive dismissal (Capek v Lincolnshire County Council

[2000] EWCA Civ 181

). 1 of 2 Case Number: 2303649/2024

[3]Consequently, the Tribunal has no jurisdiction to hear this complaint from the claimant. It is proportionate to strike out this complaint when there is no jurisdiction to hear it.

[4]When asked whether the claimant would prefer to withdraw the complaint or have me strike it out for this reason, he agreed for the complaint to be struck out. It is therefore struck out. Approved by: