Mr P Birrell v Bank of England At: London Central Employment Tribunal — 2024

The Tribunal unanimously held that the Bank of England unfairly constructively dismissed Mr Birrell. It found the Respondent committed repudiatory breaches of contract, the last on 19 April 2022, and that the Claimant did not affirm the breaches: he engaged with the ACAS early conciliation process and resigned promptly (within 12 days) after learning on 6 July 2022 that conciliation had failed, while also working reduced hours on a phased return.

The Tribunal did not accept the Respondent's contended fair reason for dismissal (some other substantial reason relating to working from abroad and pay), finding the Respondent had failed to follow its own pay policy and to address the Claimant's grievances. Even if a fair reason had existed, the Tribunal found the dismissal was procedurally unfair because failures to address important aspects of the grievance fell outside the band of reasonable responses of a reasonable employer.

The Tribunal dismissed the remaining claims: the Claimant had not made protected disclosures, so the automatic unfair dismissal and protected disclosure detriment claims failed; the age discrimination and victimisation claims also failed. A separate remedy hearing was directed in the constructive dismissal complaint, with detailed case management directions for schedules of loss, pension loss valuation, disclosure, bundles and witness statements.