Mr R Cowper v AJ Building (Hull) Ltd — 2020

Mr Cowper resigned on 25 June 2019 after a dispute on 12 June 2019 about how the bracing arm for piling work should be secured. The tribunal found that Mr Ford was not proposing to brace the arm against spoil, that the method used on site was safe, and that the claimant had misunderstood what was meant by "mud". It accepted that the claimant became angry, left the site, and did not immediately raise the matter with Mr Tandey, who had principal responsibility for safety.

On the constructive dismissal analysis, the tribunal held that there was no fundamental breach of the implied term to take reasonable steps to make the workplace safe and no breach of the implied term of trust and confidence. It found that the respondent investigated the complaint within days, that Mr Tandey spoke to the claimant on 15 June 2019, and that Mr Blake later reviewed photographs, spoke to Mr Ford, and agreed to a meeting with all concerned for 25 June 2019. The tribunal also found that, even if there had been a breach on 12 June 2019, the claimant had affirmed the contract by continuing to engage with Mr Blake and agreeing to attend that meeting.

The tribunal therefore dismissed the unfair dismissal claim, including the section 100 ERA 1996 health and safety basis, and dismissed the wrongful dismissal claim. It found that the claimant chose to end the employment by walking out on 25 June 2019 without giving notice, and that no notice pay was due in those circumstances. The tribunal also noted that he had been signed off sick until 4 July 2019 and was paid sick pay until then.