In Person For the v Respondent — 2019

Mrs Foster worked as a Bar Steward for the Colton Institute Sports and Social Club from 27 November 2013 until 28 April 2019. She delivered her resignation on 24 March 2019 and did not work after that date. The tribunal described the case as a constructive dismissal dispute and applied the last straw doctrine, asking whether the respondent’s conduct amounted to a fundamental breach of trust and confidence under section 95(1)(c) ERA 1996 and section 98 ERA 1996.

The tribunal accepted that the claimant had raised a number of complaints about the committee, including uncertainty about her reporting line, concerns about committee support, scrutiny over her role, the request for her salary package, and the introduction of timesheets and financial controls. It found that the reporting-line confusion had not contributed to her unhappiness, that the financial plan was aimed at improving the club’s situation, and that she had accepted the plan by email, even though she objected to parts of it. It also found there had been only one refusal to complete timesheets and no disciplinary action.

The tribunal regarded the June 2018 incident involving the former chairman as unpleasant, but found the respondent investigated it and asked for an apology. It found the health and safety policy pre-dated 2018, that the claimant had been doing her best in relation to that issue, and that the committee’s later handling of the health and safety work did not amount to a breach. It also found that there was no 10pm rule requiring children to leave the club and that the issue had not been properly taken up with the committee.

On the final incident of 8 March 2019, the tribunal accepted that the respondent could have handled the matter involving Mr Hessian better and that the claimant was very upset, but it concluded that the incident did not, on its own, go to the root of the contract. The tribunal therefore held that the earlier incidents did not satisfy the test for a series of acts culminating in a last straw, and that the claimant had not been dismissed by reason of the respondent’s conduct. The claim for unfair dismissal was dismissed.