Mr M Ayaz v Plusnet plc — 2024

The claimant alleged that his manager, Ms Midgley, made sexual comments, touched him inappropriately, then treated him detrimentally after he rejected that conduct, leading to disciplinary action, dismissal, reinstatement and resignation. The tribunal found that the alleged sexual comments and most alleged touching did not occur as described. It found that Ms Midgley touched the claimant's hair once in a non-sexual way while addressing a work matter, and that this was unwanted but not of a sexual nature or related to sex.

The tribunal found that the claimant's 14 January 2021 disciplinary document was not a standalone grievance, but that his 27 January 2021 appeal included a grievance capable of amounting to allegations of sexual harassment. It found that the respondent, through Mr Banks, failed to investigate that grievance properly and failed to provide a detailed, unambiguous outcome. However, it found this failure was due to Mr Banks' personal difficulties and failure to understand what the claimant required, not because of sex or because of any protected act.

On constructive unfair dismissal, the tribunal held that the failure to investigate the grievance did not amount to a fundamental breach in the circumstances, including its finding that the grievance was not raised in good faith. It also found the delayed back pay and correspondence about reinstatement did not amount to a fundamental breach or cumulative breach of trust and confidence. In any event, it found the claimant resigned because he had obtained permanent employment elsewhere, not in response to any breach by the respondent.

The wrongful dismissal and unauthorised deductions claims were also dismissed. The tribunal found the claimant resigned without notice and was not constructively dismissed. It found the £4,728.63 net payment made in June 2021 appeared approximately correct for back pay and holiday pay for the relevant period, and there was insufficient evidence of an unauthorised deduction.