The Happy Swim Company LLP

Case Summary

The claimant, a Polish swim teacher employed between April 2023 and October 2024, brought multiple claims against her employer. The tribunal struck out claims for constructive unfair dismissal, breach of contract (notice pay), unauthorised deductions relating to training/mentoring, and victimisation as having no reasonable prospect of success. The race discrimination claim was permitted to proceed but subject to a £25 deposit order.

The tribunal struck out multiple claims as having no reasonable prospect of success. The constructive dismissal claim failed because the claimant did not establish that any statutory right had been infringed. The breach of contract claim failed because an employee who resigns is not entitled to notice pay. The unauthorised deductions claim for training/mentoring failed because the claimant could not establish it was not reasonably practicable to present the claim within the statutory time limit. The victimisation claim had no reasonable prospect of success. The race discrimination claim was permitted to proceed but required a £25 deposit due to little prospect of success.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Whether constructive unfair dismissal claim for asserting statutory right has reasonable prospect of success
• •Whether breach of contract notice pay claim has reasonable prospect of success
• •Whether unauthorised deductions from wages claim relating to training/mentoring payment has reasonable prospect of success
• •Whether victimisation claim has reasonable prospect of success
• •Whether race discrimination claim should proceed subject to deposit order
• •Whether unauthorised deductions claim relating to final salary should be struck out

The full source document is available from the official publication page.