Kelly Fairhurst v Star Commercials Ltd — 2024

Kelly Fairhurst worked for Star Commercials Ltd from 3 September 2012 until 31 August 2023. The tribunal found that the business was growing and that, during a restructuring process, the claimant moved from an Operations Manager role into a Group Aftersales Manager role after discussions with DL and RP. Although she raised concerns about the draft contract, some amendments were made, she signed the revised contract, and she started the new role on 5 June 2023.

On the constructive dismissal claim, the tribunal applied the constructive dismissal authorities cited in the reasons, including Western Excavating, Meikle, Malik/Mahmud, Omilaju and Kaur. It found no significant repudiatory breach of contract and no conduct by the respondent that destroyed or seriously damaged trust and confidence. The tribunal was not satisfied that there had been a grievance properly raised or an identified 'last straw' incident, and it found the role was still developing as the business changed rather than being a fundamental breach.

The tribunal also found that the claimant had affirmed the contract by accepting the amended role and working in it for a little over four weeks before resigning. It accepted that she had secured another job offer before she resigned and found that her resignation was not in response to any breach by the respondent. The constructive unfair dismissal complaint was therefore dismissed.

On redundancy, the tribunal applied s.139(1)(b)(i) ERA 1996 and found that the claimant's Operations Manager role had not ceased or diminished in the way she alleged. It found that RP had not replaced her in the same role, that his role was different and paid substantially more, and that some of her former responsibilities had been redistributed as the business restructured. The tribunal further found that, if there had been a redundancy situation, the Group Aftersales Manager role was offered as suitable alternative employment. The redundancy complaint was also dismissed.