Mr N Morrissey v Lifeways Community Care Ltd: 2401907/2018
JUDGMENT
[1]The complaint of unfair dismissal is dismissed on withdrawal by the claimant.[2]The claimant’s claim will proceed as a claim for breach of contract, in the form of a claim for notice pay, the claimant claiming that he was constructively, and wrongfully, dismissed.REASONS
[1]The claimant had presented a claim form in which he ticked the box for unfair dismissal. He lacks qualifying service to present such a claim, however, and hence was given an opportunity to make representations or to request a hearing, as to why the complaint of unfair dismissal should not be struck out.[2]He has replied by e-mail of 28 January 2018, clarifying that he did not wish to claim unfair dismissal, only constructive dismissal, in the form of a breach of contract claim, for his notice pay. He agreed to his unfair dismissal claim being struck out, which the Tribunal takes as a withdrawal, and accordingly dismisses that claim upon withdrawal. Case No: 2401907/2018[3]Whilst the claimant did not tick the box for a breach of contract claim, the Tribunal accepts his e-mail as an amendment of his claim to so do, this being no more than a re-labelling of facts already pleaded by the claimant. The respondent can now respond to it the claim.