Mr A Aderugbo v Sainsbury’s Supermarkets Limited — 2020

The claimant resigned before a scheduled disciplinary hearing and alleged that the respondent's disciplinary and grievance processes breached the implied term of trust and confidence. He relied on matters including the handling of a cash-shortage investigation, short notice and missing evidence for an initially scheduled disciplinary hearing, the handling of his grievance, the use of a voicemail recording, and the accumulation of disciplinary allegations against him.

The tribunal found flaws in parts of the respondent's procedure, including that the cash-handling investigation was rushed, the planned disciplinary hearing was arranged with undue haste, and further investigation could have been carried out into one workplace incident. However, it found that other matters relied on by the claimant were not procedural flaws and that the respondent had engaged with his grievance, upheld some complaints, and arranged for managers from another region to conduct later stages as he had requested.

The tribunal concluded that the flaws, individually or cumulatively, were not sufficient to amount to a fundamental breach of contract. It found that the claimant resigned because he believed dismissal was likely in light of the allegations and his live final written warning, but that this did not establish constructive dismissal. The claim was dismissed.