In person For the v Respondent — 2024

Mr Clifton worked for Maximus UK Services Limited as a business manager from 20 September 2021 until he resigned on 20 October 2023. His only claim was for unfair constructive dismissal arising from a disciplinary process about allegations of bullying and harassment involving other staff and a variation-of-contract/payroll issue.

The tribunal found a number of procedural faults in the respondent's handling of the matter. The complaints were not put to the claimant until August 2023 despite first being raised in September 2022; the initial letter wrongly invited him straight to a disciplinary meeting; the allegations were set out only in general terms; and the notes from the investigatory meeting were delayed and initially password-protected. The tribunal accepted that these matters were regrettable and not faultless, but it also found that some defects were corrected, including the reclassification of the meeting as investigatory, and that the claimant was able to answer the allegations and was not materially disadvantaged.

Applying the constructive dismissal authorities it had identified, including Western Excavating and Malik, the tribunal held that the respondent's conduct had not become so serious by 20 October 2023 as to amount to a repudiatory breach of contract or a breach of the implied term of trust and confidence. It found that the claimant resigned before being told the disciplinary outcome because he expected dismissal, not because he was reacting to any continuing breach by the respondent. The claim therefore failed. The tribunal also recorded that Ms Hale had drafted a dismissal letter and that dismissal would most likely have been found fair in any event, but no award was made because the claim was dismissed.