Mrs T Dearden v Mr I Green — 2022

Mrs T Dearden worked for Mr I Green as a passenger assistant on minibuses carrying children with special educational needs. The tribunal found that she was an employee, applying the principles in Ready Mixed Concrete, because she provided her services personally, was under Mr Green’s control, and the working arrangements were consistent with employment rather than self-employment.

The claim was for unfair dismissal, but the tribunal first had to decide whether there had been a dismissal at all. It found that the claimant’s complaints about Mr Green asking questions about her renewed contact with Mr Walker, and about the presence of Ms Carrie Ridgeway at the investigatory meeting on 23 October 2020, did not amount to conduct calculated or likely to destroy trust and confidence. The tribunal accepted that she felt uncomfortable, but held that the enquiries were understandable concern and that RMBC’s attendance at the meeting was objectively justified.

The tribunal also rejected the argument that the claimant had been expressly dismissed. It found that she used clear words of resignation at the meeting, repeated that intention when asked, and then emailed later the same day saying that she did not want to resign. Applying Sothern v Franks Charlesly and Co, the tribunal held that there was nothing to indicate to the respondent that she did not really intend to resign when she did so. It therefore concluded that she had resigned, not been dismissed.

Because the tribunal found that the claimant was not dismissed, either constructively or expressly, the unfair dismissal claim was dismissed. No remedy or monetary award was made.