Mr M Dilley v The Town Hall Group Ltd — 2023

The claimant was employed by the respondent as a dental lab manager from 10 February 2014 until his resignation took effect on 19 February 2023. His contract of 27 January 2022 referred to a job description that was not produced. The tribunal accepted the claimant's evidence about his role, including stock, invoicing, suppliers, compliance, finance, and setting up the lab, and found that the respondent had not produced the missing documents it relied on.

The tribunal found that relations changed after Mrs Dilley resigned on 31 December 2022. It accepted that Dr Rangzeb then ignored or undermined the claimant, refused a requested meeting, held a staff meeting without inviting him, discussed his hours in front of an apprentice, and instructed Mr Bardsley to take over tasks said to be the claimant's responsibility. A meeting arranged for 12 January 2023 was cancelled at short notice and was not rearranged. The tribunal also found that the respondent sought to reduce the claimant's hours without proper consultation.

The decisive act was the letter of 25 January 2023, which the tribunal found the claimant received, reducing his hours from 43 to 18 per week. The tribunal found no evidence of a genuine reduction in work, and the respondent's explanation that it was in debt was not enough to engage clause 8.1 of the contract, which the tribunal read as a lay-off or short-time provision. On that basis, the tribunal held that the reduction in hours was a breach of contract, that it was repudiatory and went to the root of the contract, and that the respondent no longer intended to be bound by the relevant contractual term.

Applying section 95(1)(c) ERA 1996, Western Excavating and Woods, the tribunal concluded that the claimant was entitled to treat himself as dismissed when he resigned on 5 February 2023 with effect from 19 February 2023. It therefore found that he had been constructively unfairly dismissed. The tribunal did not determine remedy in this decision and adjourned the hearing for that purpose.