Jodie Dutchman v JD Sports Gyms Limited — 2026

The claimant, General Manager of the respondent's Huddersfield gym, brought a complaint of constructive unfair dismissal arising from events in late October 2024 following a failed external audit. She relied on three matters as cumulatively breaching the implied term of mutual trust and confidence: being told by her line manager Ms Bonia on 29 October 2024 that she would face a disciplinary and would likely lose her job; being given an alternative of accepting a lower-graded role at a different location, with repeated calls for an answer in under 24 hours; and the submission of a change of position form to HR without her signature.

Employment Judge Edwards found that each of the three matters was done with reasonable and proper cause and was not, objectively, calculated or likely to destroy or seriously damage trust and confidence. The claimant was already on a live final written warning for similar misconduct, the further audit failure was a legitimate trigger for disciplinary action, and the alternative role was offered as a means of preserving her employment. The change of position form had been submitted on the basis of what the judge found to be the claimant's consent communicated on 29-30 October, and it was withdrawn promptly when she changed her mind. Taken cumulatively the conduct still did not amount to a breach.

The tribunal also found, for completeness, that the claimant did not resign in response to any alleged breach. Her first resignation on 21 December 2024 followed her securing alternative employment with a competitor during sickness absence; her second resignation on 6 January 2025 was to enable her to start the new role before her notice period expired. The complaint of unfair dismissal was therefore not well founded and was dismissed.