Mr. D. Barrett v Ladbrokes Coral — 2019

Mr Barrett had worked for Ladbrokes Coral Group since 1995. He was on sick leave for anxiety and depression in 2018, and the tribunal accepted that the respondent allowed flexible working and time off for treatment. The claimant’s complaint was that workload pressures, the handling of a grievance and disciplinary process together, and repeated requests for him to communicate amounted to a fundamental breach of the implied term of trust and confidence.

The tribunal found that the claimant had not raised a grievance at the time about the workload issues in June 2018 and continued working for about seven months before resigning on 21 January 2019, which meant any alleged breach was affirmed. It also found that the claimant’s career break application of 4 October 2018 did not comply with the policy, because it was made on one month’s notice rather than the required three months, and because he intended to work full-time at IKEA during the break without seeking permission. He left on 5 November 2018 without written approval, and the tribunal accepted that the respondent then regarded him as absent without leave.

The tribunal held that the respondent’s attempts to contact the claimant, arrange meetings, and progress the matter were reasonable and proportionate and did not amount to harassment or a breach of contract. It rejected the claimant’s complaint that the grievance and disciplinary matters should not have been dealt with together, and found no evidence that the respondent’s conduct, individually or cumulatively, amounted to a fundamental breach. The claim for constructive unfair dismissal was therefore dismissed.