Mr P Matthews v Royal Mail Group Limited — 2020

The Claimant resigned after disciplinary, grievance, bullying and harassment, and sickness absence processes. He alleged that a series of actions by the Respondent, including delays in fact-finding and passing up the conduct case, handling of his bullying and harassment complaint, allocation of grievance managers, provision of disciplinary documents, and occupational health referrals, breached the implied term of mutual trust and confidence or the duty to provide a safe system of work and workplace.

The Tribunal found some procedural shortcomings and aspects of the Claimant's treatment that were not well handled, including delay in the conduct process, a late fact-finding process, some unfairness in not physically placing documents before him at the conduct hearing, and inaccurate assumptions about occupational health refusal. However, it found that the bullying and harassment complaints were considered by the Respondent's case management function, that the disciplinary and grievance processes gave the Claimant forums to raise his concerns, and that the grievance managers were independent of his local depot management.

Standing back and considering the matters cumulatively, the Tribunal held that there was no fundamental breach of any express or implied contractual term. It found that the principal reason the Claimant resigned was his view that he was doing more work than others and his wish to leave with a settlement, rather than any breach of contract. In the alternative, it found that he had affirmed the contract by remaining employed, engaging with the Respondent and receiving contractual sick pay after the incidents occurred. The complaint was dismissed.