Miss C McCourt v Capita Business Services Limited — 2021

The claimant resigned after the respondent expanded her Head of Management Information and Analysis role so that she would manage MI work for both the PCSE and PIP contracts within a new Health and Welfare structure. She alleged that the respondent had required her to take on an additional role, expected her to know all source data and reporting solutions, reduced or inadequately resourced the team, failed to issue updated written terms, did not allow meaningful objections during consultation, and failed through the grievance process to put resourcing issues right.

The tribunal found that the respondent had made significant changes to the claimant's responsibilities, but characterised them as an expansion of her existing management role rather than a wholly separate additional job. It found that she was not required to know all operational detail of both contracts, that there had not been a drastic reduction in overall allocated resources caused by the restructure, and that additional support had been provided through contractor extensions and loaned employees. The tribunal also found that the claimant had opportunities to raise objections and did so through discussions and a grievance.

The grievance was partially upheld to the extent that the claimant should have received a letter confirming the role changes and an updated job description, and that greater early involvement in due diligence would have helped. However, the tribunal held that the respondent's actions, individually or cumulatively, did not breach the implied term of mutual trust and confidence. It found that the respondent had reasonable and proper cause for the restructuring, and the constructive unfair dismissal claim was dismissed.