Miss M Mervyn v BW Controls Ltd — 2018

This was the remitted issue of constructive unfair dismissal arising from Miss M Mervyn’s resignation on 14 or 15 November 2016. The tribunal accepted the earlier factual finding that she had resigned, and its task on remittal was limited to deciding whether the resignation occurred in response to a fundamental breach of the implied term of trust and confidence by BW Controls Ltd.

The tribunal revisited the matters the claimant relied on, including being expected to make drinks because she was a woman, overtime not being paid, foul language and sexual innuendo, and the events of 14 November 2016. It found that there was no requirement for her to make tea, that overtime was not a contractual entitlement and had not been raised as a complaint to Mr Fowler, and that the evidence about a song or general foul language did not establish a fundamental breach.

The tribunal also rejected the case that Mr Fowler had called her a liar or demeaned her in front of Mr Perryman. It found that the pay issue involving Mr Perryman had simply been checked with Mrs Fowler and/or Mr Smith, that the workforce had not been shown to have been told the claimant had been chastised for a racism allegation, and that Mrs Fowler had not assumed responsibility for the claimant’s duties. On the first two issues, the tribunal also found that any breach would in any event have been affirmed by the claimant’s long continuation in employment.

Applying the implied term of trust and confidence authorities it cited, the tribunal concluded that none of the matters relied on, taken individually or together, amounted to a fundamental breach. The claimant’s alternative case of constructive unfair dismissal was therefore dismissed, and no monetary remedy was awarded.