Mr Keith Ward v Stonegate Pub Company Limited — 2021

The claimant resigned after a period in which the respondent sought to transfer him from the Station pub, where he had worked for many years, to another site. He relied on the proposed transfer and a management email of 14 June 2018 as breaches of the implied term of trust and confidence. The respondent relied on the contractual mobility clause and said it was addressing performance concerns at the Station while trying to retain the claimant in employment.

The tribunal found that the respondent had genuine reasons to consider a transfer, including performance issues at the Station, the claimant's ill health, and stresses associated with his role there. It found that the respondent did not act with an intention to cause detriment to the claimant, and that it sought to identify a suitable alternative site, eventually the Crown, with the claimant's agreement.

The tribunal also found that Mr Brown's email was a frank confidential management assessment, not intended for the claimant, and that its purpose was to consider how to address performance concerns while retaining him. When the claimant was upset after receiving the email through his data request, the respondent arranged mediation and Mr Brown apologised for any offence caused. The tribunal concluded there was no breach of contract, so the claimant was not dismissed and the unfair dismissal claim failed.