Mr M Jackson, CAB For the v Mr C Morse, Chartered Legal Executive — 2020

Mrs Wendy Holmes worked as a bar person at the Plume of Feathers pub from 1 August 2004. Sauman Limited took over the pub lease on 15 April 2019. The claimant resigned by letter dated 20 September 2019, giving notice to 6 October 2019, and alleged that she had been constructively dismissed because of a breach of the implied term of trust and confidence.

The tribunal found there had been some clash of personalities, particularly between the claimant and Mrs Finnie, but no conduct before 15 September 2019 that amounted to a breach of the implied term of trust and confidence. It rejected the claimant's case that she had been subjected to a continuing course of aggressive or bullying behaviour. The tribunal noted that by late June 2019 the claimant had texted that she was "much happier in work now" and got on well with Mr and Mrs Finnie.

The tribunal preferred the respondent's evidence about the events of 15 September 2019. It found that Mrs Finnie closed the pub and sent the claimant home in a calm manner after an incident involving customer complaints and a waitress, and rejected the claimant's account that she had been shouted at, told to "fuck off home", or physically threatened. On that basis, the tribunal held that the respondent had not committed any fundamental breach and that the claimant's resignation could not be treated as a constructive dismissal.

The tribunal also noted that Mr Finnie replied to the resignation letter offering the claimant an opportunity to reconsider and/or pursue a formal grievance, which was inconsistent with an intention to force her out. Because there was no dismissal, the unfair dismissal claim failed, and the wrongful dismissal claim for notice pay also failed.