Mrs B Brennan

Case Summary

Mrs Goodall claimed constructive unfair dismissal and unpaid holiday pay after her employment as a Personal Assistant/Carer to Mrs Brennan ended on 31 October 2024. The tribunal dismissed the constructive dismissal claim as not well-founded but upheld the claim for accrued holiday pay (£81.92) and made a preparation time order against the respondent (£225).

The constructive dismissal claim was dismissed because the tribunal found, applying the balance of probabilities, that although the employment relationship was long and sometimes challenging with various disagreements, there was insufficient evidence to establish a fundamental breach of the employment contract going to its root that justified the claimant's resignation. The holiday pay claim was upheld because the respondent had not paid the claimant for accrued annual leave from 2022 onwards, to which the claimant was entitled under employment law.

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• •Constructive unfair dismissal claim
• •Entitlement to pay for accrued annual leave not taken at termination

1 of 27 EMPLOYMENT TRIBUNALS Claimant: Mrs. Rose Goodall Respondent: Mrs. Barbara Brennan Heard: by Cloud Video Platform On: 26, 27 January and 10 March 2026 Before: Employment Judge S Evans Appearances For the Claimant: In person For the Respondent: Ms. R. Bastin, Solicitor RESERVED JUDGMENT The judgment of the Tribunal is that: 1. The Claimant’s claim of constructive unfair dismissal is not well-founded and is dismissed. 2. The Claimant’s claim of entitlement to pay for annual leave accrued and not taken at the date of termination of employment is well-founded. The Respondent shall pay to the Claimant the agreed sum of £81.92. 3. A preparation time order is made against the Respondent for a period of five hours. The Respondent shall pay to the Claimant the sum of £225. REASONS Background 1. The Claimant’s claim was issued on 9 th March 2025 after her employment ended on 31 st October 2024. Prior to issue, Early Conciliation was started on 3 rd 2 of 27 January 2025 and ended on 14 th February 2025. The Respondent’s response in ET3 is dated 21 st May 2025. 2. At box 2.10 of ET3, the Respondent indicated she could take part in video hearings. At box 9 of ET3, the Respondent identified a need for support because of her disability, stating: “Large print, extra time. Respondent is an amputee, elderly and has an array of health conditions at 90 years old.” 3. A final merits hearing in this matter was listed for a two-day hearing by Cloud Video Platform (“CVP”) on Monday 26th and Tuesday 27th January 2026. Notice of this hearing was sent to the parties on 4 tth September 2025, together with case management directions and information about hearings by video, including details of how to prepare for and take part in the video hearing. That information included the following detail: “What you need to do now 1. You must write to …