In Person For the v H B Pizza Ltd (In Creditors Voluntary Liquidation) — 2023

Mr Sajid Ali worked for H B Pizza Ltd, or its predecessors, from 15 April 2015 and became an area manager. He raised a grievance about his superior, Mr Shabbir, in early August 2021. The Tribunal found that the Respondent investigated the complaint and obtained an apology from Mr Shabbir, and that Mr Ali did not resign at that time. It also found that the later allegations of further misconduct between October 2021 and December 2022 were not supported by clear evidence.

In late December 2022 Mr Ali raised another grievance, which was investigated by Mr Joe Langton. The Tribunal accepted that Mr Ali objected to the fact that the investigator was subordinate to Mr Shabbir, and that the grievance was not upheld in early February 2023. The Tribunal found that Mr Ali resigned by email at 12:45 on 16 February 2023 in response to the handling and outcome of that grievance.

Applying s.95(1)(c) ERA 1996 and the authorities it cited, including Western Excavating v Sharp, Sothern v Franks Charlesly, Kwik-Fit v Lineham, Willoughby v CF Capital, Kaur v Leeds Teaching Hospital NHS Trust and Omilaju v Waltham Forest, the Tribunal concluded that the earlier 2021 events did not amount to a prompt resignation, that the unsupported complaints from late 2021 to 2022 could not establish a fundamental breach, and that the grievance process itself did not objectively amount to a repudiatory breach of trust and confidence. It held that the effective cause of resignation was Mr Ali's objection to the conduct and outcome of the final grievance, not any fundamental breach by the Respondent.

The claim for unfair dismissal was dismissed. The Tribunal held that Mr Ali had not been dismissed either expressly or constructively, and that the events on 17 February 2023, including the disciplinary meeting, were after his resignation and therefore not relevant to whether he had been entitled to resign without notice. No remedy was awarded.