Mrs D Griffiths v Whitbread Group plc — 2022

The claimant resigned after disciplinary and grievance processes arising from allegations about allowing a non-employee behind hotel reception during a power cut, refusing or failing to follow instructions about asking guests to book breakfast, and a later complaint that she had made comments about a guest's sexual orientation. She alleged these matters, and the handling of her grievance and disciplinary process, amounted to breaches of the implied term of trust and confidence.

The tribunal found that the respondent was entitled to investigate the power cut and breakfast booking issues, and that the investigation meetings did not amount to a breach of contract. It also found that the disciplinary meeting had not been deliberately arranged for a date when the claimant could not attend, that the grievance and appeal were conducted in a broadly fair and reasonable manner, and that delay in progressing the disciplinary process was unfortunate but not a fundamental breach.

The tribunal found that the later complaint about alleged comments concerning sexual orientation was serious and required investigation. It did not accept that the complaint had been shown to be fabricated, and found the investigation by an independent manager was reasonable and thorough. Viewed individually and cumulatively, the matters relied on did not amount to conduct calculated or likely to destroy or seriously damage trust and confidence, so the claimant was not constructively dismissed and the unfair dismissal claim was dismissed.