Mr A Griffiths v NHS Property Services Limited — 2022

The claimant resigned on 4 May 2020, giving one month's notice, and alleged that a series of matters cumulatively breached the implied term of trust and confidence, with events during the last week of April 2020 said to be the final straw. The alleged matters included changes to work priorities during the COVID-19 pandemic, COVID-19 training and safety measures, delayed City and Guilds training, lack of appraisal, refusal of requests to purchase annual leave, and the claimant's dealings with his line manager about COVID-19 testing while absent from work.

The Tribunal found that the claimant affirmed the contract by continuing to work normally throughout his notice period, performing the same tasks without objection, not working under protest and not raising a grievance. It also found that, even if there had been no affirmation, the line manager's conduct during the final week of April 2020 did not amount to a repudiatory breach: the manager was seeking to assist with COVID-19 testing arrangements and understand the claimant's ability to attend work, and the claimant had not proved harassment or inappropriate treatment.

Considering the alleged breaches cumulatively, the Tribunal found that they did not amount to conduct calculated or likely to destroy or seriously damage trust and confidence. It accepted that the respondent gave reasonable management instructions, provided adequate COVID-19 training, PPE and risk assessments, arranged the City and Guilds training within a reasonable timeframe, had legitimate business reasons for refusing annual leave purchase requests, and did not treat the claimant differently in relation to appraisals. The constructive dismissal claim was therefore dismissed.