Mahmudul Azim v Coral Racing Limited — 2024

The claimant resigned on 11 December 2023 and alleged constructive dismissal, relying on an alleged breach of the implied term of trust and confidence. The tribunal considered complaints about how the respondent dealt with a customer complaint and meetings with managers on 1 and 8 February 2023.

The tribunal found that the respondent acted reasonably in attempting to deal with the customer complaint informally. It rejected the claimant's evidence that he had been subjected to threats, harassment, shouting or conduct designed to humiliate, and found no conduct likely to destroy or seriously damage trust and confidence.

The tribunal found that the claimant resigned because he was unhappy with the outcome of the grievance process, not because of a fundamental breach of contract. It held that the claimant had not proved a fundamental breach of the implied term of mutual trust and confidence, so the unfair dismissal claim was dismissed.