Mrs A Jenkins v Mr M Thompson and Mrs C Watkins (a partnership t/a Newbold Solicitors) Heard: By video — 2021

Mrs A Jenkins brought a constructive unfair dismissal claim arising from the termination of her employment with Mr M Thompson and Mrs C Watkins, a partnership t/a Newbold Solicitors, on 31 December 2019 after she resigned by email on 21 October 2019. The tribunal identified the relevant legal questions by reference to Western Excavating, Malik and Omilaju, and treated the alleged breach as one of the implied term of mutual trust and confidence, including a possible last straw argument.

The tribunal accepted that relations between the claimant and Mrs Watkins deteriorated over time, particularly around the Neath office closure, the move to Barry, the absence of formal supervision, the June 2019 transfer request issue, the suggestion box, and the appraisal meeting on 16 October 2019. It found, however, that several of the matters relied on did not amount to a breach at all, including the ad hoc nature of supervision in a small firm, Mrs Watkins' continued involvement in Barry office management, and the use of a suggestion box to gather staff feedback.

On the June 2019 transfer issue, the tribunal found that Mrs Watkins had indicated to the claimant that the transfer request arose from a lack of support from the claimant when that was not what the email said, but concluded that this did not, without more, reach the Malik threshold. The claimant had also not raised the point at the time, so any earlier breach would in any event have been affirmed. The tribunal further found that the 16 October 2019 meeting became heated and that Mrs Watkins was not behaving in a way she could look back on with pride, but held that the meeting, viewed either by itself or cumulatively with earlier events, still did not amount to conduct calculated or likely to destroy or seriously damage trust and confidence.

The tribunal placed weight on the claimant's Pathway to Partnership performance, noting that she had billed approximately £63,000 against a target of £75,000, and held that the respondents were entitled not to depart from the published criteria. It therefore dismissed the constructive unfair dismissal claim and did not need to decide whether the resignation was in response to any breach or whether there had been affirmation. No monetary award was made.