Mr E Velasquez Marin v Total Clean Services Ltd — 2025

The Claimant resigned after the Respondent suspended him and investigated a third party client's accusation of theft. The Respondent did not proceed to a disciplinary stage, accepted the Claimant's version of events, and offered him similar work at other premises after the client declined to have him continue at its site.

The Tribunal found that the Respondent followed its own proper procedures, that suspension and investigation were reasonable and necessary in the circumstances, and that no Spanish interpreter was needed because the investigator and Claimant were both native Spanish speakers. It accepted that the Claimant had been gravely upset, but found that the Respondent behaved fairly and reasonably and had reasonable and proper cause for its actions.

The Tribunal concluded that the Claimant had not shown a fundamental breach of the implied term of trust and confidence. His complaint of constructive unfair dismissal therefore failed.