Ms Yvonne Farr v Mostyn House Medical Practice — 2021

The claimant presented the case as a constructive unfair dismissal claim arising from a series of alleged acts by the practice manager, including comments about her breast cancer surgery, alleged shouting and rudeness, different treatment from a colleague, mileage and leave disputes, and the handling of a 20 November 2018 email exchange. The tribunal reviewed the witness evidence, contemporaneous messages, grievance material and the respondent's handwritten interview notes, and preferred contemporaneous records over parts of the later oral evidence where they conflicted.

The tribunal found that two comments attributed to the practice manager were proved: a remark using the phrase wonky boobs and an allegation that the claimant had been asked whether she had botty sex. It held that those comments were without reasonable and proper cause and could damage trust and confidence, but it also found that the claimant had used self-deprecating language herself, had not complained at the time, and had continued to exchange friendly and helpful messages with the practice manager. On that basis, the tribunal held that the comments were gauche, poorly judged and unwelcome, but not so serious that the claimant was entitled to leave immediately without notice.

The tribunal rejected or was not satisfied by the remainder of the pleaded allegations, including a demand to return to work immediately after surgery, routine screaming, alleged favouritism towards Ms Kennedy, mileage payment disputes, refusal of annual leave for hospital appointments, refusal of unpaid time off during a phased return, alleged heavy-handed treatment by the GPs, and the allegation that the claimant was refused her 2019 Maldives leave. It also found that the final 20 November 2018 email exchange about diabetic reviews was reasonable and proper, including the suggestion that the claimant ask Ms Kennedy how she managed her workload.

Applying section 95(1)(c) ERA 1996 and the constructive dismissal authorities it cited, including Western Excavating, Malik, BG v O'Brien, Gogay, Croft, Patel and Kaur, the tribunal held that there had been no repudiatory breach of the implied term of trust and confidence. The claimant's resignation therefore did not amount to a dismissal for tribunal purposes, and the unfair dismissal claim was dismissed.