Mr J Burton v Navolio Ltd (trading as “Off to Work”) — 2024

Mr Burton brought a constructive dismissal claim arising from the Respondent’s refusal in April 2024 to continue the flexible arrangement that had previously been used to accommodate his filming work on Father Brown. The Tribunal found there was no written contractual term entitling him to that arrangement, and no specific verbal contractual promise that he would be allowed to work flexibly each year. It accepted that previous years had involved flexibility, but found that this had been considered year by year and was not guaranteed indefinitely.

The Tribunal also found that the wording of Mr Burton’s own emails supported the Respondent’s case that he was making a request rather than relying on an existing entitlement. His proposed arrangements were expressed as being subject to agreement, and the Tribunal held that any alleged agreement to allow him to work "flexibly" was too uncertain to be a binding term, particularly because the relevant dates, hours and periods of absence were not fixed. It relied on Barbudev v Eurocom Cable Management Bulgaria Eood when concluding that, at best, there had been an unenforceable agreement to agree.

On the implied term of trust and confidence, the Tribunal accepted that the Respondent had accommodated similar requests in earlier years, but found that the position had changed by 2024 because of a downturn in business, the need to use staff elsewhere, and reduced capacity to cover Mr Burton’s absence. It found that Max Hayward and Ms Szwichtenberg jointly made the decision, that the Respondent held a meeting on 18 April 2024 to explain it, and that it provided written reasons. Applying the principles in Woods v WM Car Services (Peterborough) Ltd and Varma v North Cheshire Hospitals NHS Trust, the Tribunal held that the Respondent’s conduct was not calculated or likely to destroy trust and confidence and was supported by proper cause.

The Tribunal therefore found no repudiatory breach, no constructive dismissal, and dismissed the claim. No monetary award was made.