Melanie Harrison v C W Garden Marquees Ltd HELD AT: Birmingham (CVP) — 2024

Melanie Harrison had worked for C W Garden Marquees Ltd since 29 September 2009 as an administrative assistant and resigned on 30 August 2023. The tribunal found that the breakdown began after concerns about staff timekeeping in early August 2023. It accepted that on about 1 August 2023 Mrs Judith Watts spoke to the claimant discourteously, and that on 9 August 2023 Mrs Watts attended the claimant's home, told her to hand in her notice and said her sick pay would be curtailed, while also giving her a letter opening an investigation. It also accepted that on 11 August 2023 there was a confrontation at the respondent's premises and that Mrs Watts deliberately dropped the claimant's coffee machine, but only in response to provocation from Mr Harrison.

The tribunal found that the claimant's early attendance at work between 2 and 8 August 2023 was to avoid antagonising the situation, and it accepted her evidence that there had been an agreement with Mr Watts allowing her to work from home four days a week. It held that the failure to pay the claimant by 25 August 2023 was not, by itself, a repudiatory breach because payroll responsibilities had shifted to Ms Watts and there was a reasonable and proper cause for the delay, although the payment process was mishandled. The tribunal also found that the investigation had a reasonable basis, but that the disciplinary process was unfair because the convening letter and investigation material did not give enough detail of the allegations to allow the claimant properly to prepare her response.

Applying the implied term of mutual trust and confidence and the last straw doctrine, the tribunal concluded that the cumulative events from 1 August 2023 onwards, taken together, amounted to a breach of contract. It found there was no potentially fair reason for dismissal identified and that the claimant resigned because of the series of events and her view that she would not receive a fair outcome in the disciplinary process. The claim for constructive unfair dismissal therefore succeeded.

On remedy, the tribunal awarded a basic award of £8,680.50 and a compensatory award of £12,288.12. The compensatory award comprised £6,395.52 for 12 weeks' notice pay, £4,275.50 for the difference between the old and new pay over 14 weeks, £500 for loss of statutory rights, and a 10% uplift of £1,117.10 under s.207A TULRCA 1992. The total award was £20,968.62.