Mr W Brown, Solicitor For v Respondent — 2019

The Claimant worked as a graphic designer from 11 June 2014 until she resigned on 15 October 2018. She brought constructive dismissal and unfair dismissal complaints arising mainly from her Performance Development Review process and the way her grievance was handled. Her claim for arrears of pay was withdrawn by agreement. The tribunal recorded that she was committed to her job and well regarded, but that she had been upset by critical wording in the PDRs and by the amended July 2018 review.

The tribunal found that the Claimant's grievance was partially upheld on 5 September 2018 by Mr King, who upheld complaints that her line manager had taken credit for her work and had failed to give proper credit for her work on the coffee morning campaign and travel campaign. The tribunal accepted that the Respondent's attempt to amend the PDR was clumsy and that Ms Hyde, the line manager, was at fault in her management and use of language. However, it found no malicious intent, no hidden agenda, and no bullying or harassment by Ms Hyde.

On the third grievance point, concerning a refusal to do work, the tribunal found that the wording used was not ideal but did not amount to a fundamental breach. It found that the senior managers who dealt with the grievance and appeal, Mr King and Mr Hewell, acted in good faith and were supportive of the Claimant. The tribunal also found that the Claimant had considered staying with the Respondent in an alternative role, which was inconsistent with an irretrievable breakdown in trust and confidence.

Applying section 95(1)(c) of the Employment Rights Act 1996 and Kaur v Leeds Teaching Hospitals NHS Trust 2018, the tribunal held that the Respondent's acts and omissions did not amount to a repudiatory breach of contract, including the implied term of trust and confidence. It found that the Claimant had been legitimately unhappy and that the appraisal process was counterproductive for her, but that the conduct was not sufficiently serious to justify her resignation. Both the constructive dismissal and unfair dismissal claims were therefore dismissed.