Mrs R Hedgkin, of Counsel For v Mr Williams, solicitor — 2020

The claimant was removed as a statutory director of Go Modern Limited on 29 July 2019 and resigned as an employee on 28 September 2019. The tribunal held that he resigned voluntarily and was not dismissed within s.95(1)(c) and/or s.136(1)(c) ERA 1996, so the constructive dismissal, unfair dismissal and wrongful dismissal claims were dismissed.

The tribunal found the relationship between the claimant and the other directors had been strained for years. It accepted that the respondent had failed to provide written particulars under s.1 ERA 1996 and criticised the respondent's handling of the claimant's post-removal role, the short disciplinary invite and the failure to acknowledge the grievance, but held those matters did not amount to a fundamental breach of contract or a breach of the implied term of mutual trust and confidence. In reaching that conclusion the tribunal referred to Malik v BCCI, Woods v WM Car Services Peterborough Ltd and Buckland v Bournemouth University Higher Education Corporation.

On pay, the tribunal accepted that the claimant's September 2019 salary had not been agreed down and that the respondent's unilateral variation was ineffective. It found the claimant was entitled to the September salary and succeeded on the unlawful deduction of wages claim. The judgment records the net amount as £5,985 in the order at paragraph 3, although paragraph 9 of the reasons refers to £5,988.