Dr R Dickinson, Lay Representative (Father) For the v Respondent — 2018

The claimant resigned on 10 July 2016 with immediate effect, stating that she regarded the grievance outcome as a fundamental breach of contract and relied on a later email from Rebecca Pearce on 7 July 2016 as the last straw. The tribunal treated the case as a constructive unfair dismissal claim arising from the claimant’s relationship with her line manager, Lisa Lambly, and from the way the respondent handled the grievance about that relationship.

The tribunal found that the claimant had not proved a repudiatory breach of contract or a breakdown of the mutual duty of trust and confidence. It accepted that the claimant was dissatisfied with LL’s supervision, management style, requests for timesheet detail, and performance management, but held that these matters were within management’s rights and did not amount to exceptional conduct going to the root of the contract. The tribunal rejected the suggestion that LL was overbearing or micromanaging and found her appraisal and performance management to be balanced.

On the grievance, the tribunal found that Andrew Harding’s investigation was fair and sufficiently wide-ranging, and that suspending LL while the grievance was investigated was procedurally correct. It found no failure to investigate that rendered the process unfair or repudiatory. The 7 July 2016 email was described as post-decision and not something that took the grievance issue further. The tribunal therefore concluded that the claimant had not shown that the respondent’s conduct entitled her to resign without notice, and it dismissed the claim in full.