Ms Alison Holland v Environment Agency — 2023

The claimant alleged that a series of matters cumulatively breached the implied term of trust and confidence: being required to continue Grade 2 work after moving to Grade 3, excessive work and lack of support in the 'duly made' process, lack of support with the email inbox rota, an inappropriate alternative role, and an inadequate grievance investigation.

The tribunal rejected each alleged breach. It found that Grade 2 tasks overlapped with Grade 3 work and were also carried out by other Grade 3 staff; that the claimant was not required to work excessive hours on the 'duly made' process and the workload was not excessive; that the respondent had taken steps to reduce reliance on the claimant; and that the respondent's changes to that process were open to it and not prejudicial to the claimant.

The tribunal also found that overall management of the inbox was not the claimant's responsibility, that managers were content with how the rota was being handled, that the alternative role was proposed after the claimant requested a move and was not inappropriate, and that the grievance investigation and appeal were not inadequate. It concluded that the respondent had not breached the implied term of trust and confidence, so there was no repudiatory or fundamental breach and the claimant was not constructively dismissed.