Mr. Pickett, Counsel For the v Respondent — 2023

Mr Christopher Langford worked as a sales executive for Avalon Motor Co Limited from 28 October 2019 until 31 December 2021. The claim arose after a customer complaint in November 2021 that he had been rude and unfriendly. The tribunal found that the respondent’s investigation was inadequate and that the disciplinary meeting on 29 November 2021 was procedurally flawed: it was held without notice, the claimant had no opportunity to arrange representation, and he was given a final written warning and a deduction of £300 from commission at the end of the meeting. The tribunal said this was unreasonable conduct and not in accordance with the ACAS Code.

The tribunal also considered the respondent’s proposed changes to the Pay Plan on 30 November and 1 December 2021. It found that commission-based pay was at the respondent’s discretion, that the company had financial difficulties, and that it was entitled to propose a new plan. The proposal was never implemented. The tribunal found no breach of contract and no conspiracy against the claimant in relation to that proposal. On the complaint itself, the tribunal held that contacting the customer for further details formed part of a legitimate investigation and did not amount to enticing a customer complaint.

Although the claimant resigned on 31 December 2021 and the tribunal accepted that he did so in response to the respondent’s conduct, it held that there had been no repudiatory breach. The respondent withdrew the final written warning and the £300 deduction on 13 December 2021, accepted that the correct procedure had not been followed, and decided to take no further action. The tribunal held that the delay before resignation, together with those intervening steps, meant the claimant had waived or affirmed any earlier breach. The constructive unfair dismissal claim was therefore dismissed.