Case 1403157/2024 · Employment Tribunal
Mrs L Redding v ACG Auto Repairs Limited — 2025
- Case reference
- 1403157/2024
- Decision date
- 22 October 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ost
Parties
2 namedClaimant
Mrs L Redding
Respondent
Key findings
Tribunal's reasoningMrs Redding was employed as Receptionist by ACG Auto Repairs Limited, a small family-run garage, from 19 August 2019 until her resignation on 31 October 2024 (employment ending 29 November 2024). She brought a single complaint of unfair dismissal on a constructive basis, relying on a disciplinary process conducted on 22-24 July 2024 (an invite letter, the outcome and a verbal warning) and three comments she alleged Luke Gibbons made to her on 18, 21 and 24 October 2024 (the Alleged Paperwork, Toilet and Lunch Comments).
Employment Judge Ost, sitting alone at Bristol by video on 21-22 October 2025, found that the disciplinary process and verbal warning did not, viewed objectively, amount to conduct without reasonable and proper cause calculated or likely to destroy or seriously damage the relationship of trust and confidence; the Claimant was to be expected to put up with that process and its outcome, and in any event had affirmed the contract by continuing to work, agreeing new working methods and requesting annual leave for the following year before resigning more than three months later. The Tribunal further found as a matter of fact that Luke Gibbons did not make any of the three alleged October 2024 comments, so they could not constitute a repudiatory breach or a last-straw event reviving any earlier right to resign.
In the absence of any breach of the implied term of mutual trust and confidence, the Tribunal held there was no dismissal within s95(1)(c) of the Employment Rights Act 1996 and therefore no basis for a complaint of unfair dismissal under s94. The complaint was dismissed; no remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | Claimant pleaded unfair dismissal on the basis of constructive dismissal (resignation on 31 October 2024 in response to a disciplinary process of 22-24 July 2024 and three alleged comments by Luke Gibbons on 18, 21 and 24 October 2024). Tribunal found no repudiatory breach of the implied term of mutual trust and confidence: the disciplinary process and verbal warning were not a breach (and in any event would have been affirmed by the Claimant's continued working through to 31 October 2024), and the three alleged comments were found not to have been made. Accordingly there was no dismissal within s95(1)(c) ERA 1996 and the unfair dismissal complaint was not well founded. | Dismissed | — | — |
Legal tests applied
11 references- s.94 Employment Rights Act 1996
- s.95(1)(c) Employment Rights Act 1996
- Malik
- Baldwin
- Tullett Prebon
- Western Excavating
- Leaney
- Chindove
- Omilaju
- Frenkel Topping
- Woods
Official outcome judgment PDF
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