Mrs A Deighton v Coopland & Son Limited — 2020

Mrs A Deighton worked as a Sales Assistant at the respondent's Eastfield shop from October 2016 until 8 December 2019. After returning from sick leave in November 2018, she raised concerns about her treatment by managers, including Mrs Messenger and Mrs Miller, and lodged a grievance on 28 August 2019. The case was pleaded as a constructive dismissal claim under Part X of the Employment Rights Act 1996.

The tribunal rejected the claimant's allegations that the respondent's conduct amounted to a breach of the implied term of mutual trust and confidence. It found that the 9 August 2019 conversation about toilet use was not intrusive, that Mrs Messenger had reasonable and proper cause to raise the issue because of food hygiene in a bakery shop, and that the 20 August 2019 instruction to bake off out-of-date raw meat products was consistent with the respondent's disposal procedure. The tribunal accepted that there were mistakes in the grievance and appeal process, including refusal of a companion, the absence of a note taker at the grievance hearing, late provision of some notes, omission of the appeal right from the original outcome letter, and failure to provide copies of all investigation notes, but held that these matters were not calculated or likely to destroy or seriously damage trust and confidence.

On causation, the tribunal held that even if there had been a breach, the claimant did not resign in response to it. In her oral evidence she said she resigned because she could not take the pressure Mrs Messenger was putting her under, rather than because of the grievance or appeal handling. The tribunal therefore found that she had not been dismissed within s.95(1)(c) ERA 1996 and did not need to consider the fairness of any dismissal under s.98. The constructive dismissal claim was dismissed and no remedy hearing was required.