In this case, Ms Gyftaki (The Claimant) had run out of annual leave. After applying for additional days it was unclear as to whether or not this had been granted by UHA. It was only until late on the evening before she was set to travel her annual leave got refused by the company. Due to the late notice, she travelled regardless.

The decision to travel resulted in a suspension set by her employer. It was implied that the suspension was due to term of trust and confidence. Ms Gyftaki responded by resigning and as a result was constructively dismissed.

In addition to denying constructive dismissal, UHA stated: “Save as expressly admitted, all the Claimant’s claims are denied in their entirety”.

Read the full constructive dismissal case between Ms Gyftaki and UHA

Ms Chikale, a Malawian national was granted a six-month visa to the UK where she worked as a domestic worker under Mrs Ivy Okedina. Following the expiry of her visa, Ms Chikale remained in the UK and continued to work for Mrs Okedina. The Claimant (Ms Chikale) was eventually dismissed summarily and therefore ejected from the house due to asking for more money.

Ms Chikale brought the case to an Employment Tribunal where a claim was made for unfair dismissal & unlawful deduction from wages. Mrs Okedina argued that the claims made were unable to succeed as the claimant was working illegally due to her expired domain.

The Court of Appeal held that the Immigration Asylum and Nationality Act 2006 was not broken by the Claimant, instead directed by those who employed people who were not legally allowed to work in the UK.

Read the complete case study between Okedina V Chikale.