Southampton City Council

Case No: 1401293/2023 EMPLOYMENT TRIBUNALS Claimant: Ms Katherine Gray Respondent: Southampton City Council Heard at: CVP On: 22 and 23 May 2025 Before: Employment Judge Winfield Representation Claimant: In person Respondent: Arya Aparajita, Devereux Chambers, Counsel RESERVED JUDGMENT The judgment of the Tribunal is as follows: 1. The Claimant’s claim for constructive unfair dismissal is not well founded and is dismissed. REASONS Claims and List of Issues 2. Ms Katherine Gray (“the Claimant”) was employed by Southampton City Council (“the Respondent”) as a MET Worker. “MET” stands for missing, exploited and trafficked children. The Claimant was employed from 1 January 2005 until 28 December 2022. 3. By way of an ET1 Claim form dated 27 March 2023, the Claimant brought a claim of constructive unfair dismissal under the Employment Rights Act 1996 to the Tribunal. 4. A preliminary hearing was held on 27 November 2024. The purpose of that hearing was, amongst other things, to summarise the list of issues relating to the constructive dismissal claim that needs to be determined. There are two important issues to note that were helpfully clarified at that preliminary hearing and are worth repeating here: Case No: 1401293/2023 a. Only those allegations that precede the resignation are relevant. This is because actions that occur after resignation cannot be relevant to a constructive dismissal claim; and b. The constructive dismissal claim can only relate to the Claimant’s employed role as a MET worker. Whilst separately the Claimant was involved as a foster carer with the Respondent, this role is in a separate capacity to that of an employee. 5. The Claimant claims that the Respondent acted in fundamental breach of contract in respect of the implied term of the contract relating to mutual trust ...