Mr. R.A. Evans v Vision Express (UK) Limited — 2019

The claimant, a manager, alleged that the respondent had fundamentally breached the implied term of trust and confidence through insufficient support, failures in handling workplace concerns, the conduct of a disciplinary investigation, suspension, refusal to provide certain information, and related matters. The tribunal found no evidence of a management conspiracy to undermine or remove him and accepted the respondent's evidence that management had genuine concerns and followed due process.

The tribunal found that the respondent had received grievances and complaints about the claimant's management, had grounds to investigate, and was entitled to invite him to a disciplinary hearing. It found that the claimant was supported by his line manager, that the temporary transfer arrangements were in line with his request, and that the disciplinary investigation and grievance process were conducted appropriately.

The tribunal found that the claimant had decided to resign before or at the grievance appeal stage in order to avoid the disciplinary hearing and possible sanction, rather than in response to any repudiatory breach by the respondent. It concluded that he resigned on 8 November 2018, was not dismissed, and his unfair constructive dismissal claim failed.