Mr J Walters v Mears Ltd — 2021

The tribunal found that the respondent's handling of the disciplinary process breached the implied term of trust and confidence. It found that requested documents were not provided despite repeated requests and earlier invitations to identify relevant material; that the claimant was told the disciplinary hearing on 6 March 2020 would proceed with or without him when his companion was unavailable; that he was asked about returning company tools in a way consistent with a pre-determined dismissal; and that a supervisor had made a false statement for the disciplinary process. The tribunal did not accept that delay in raising tenant complaints was itself a breach.

The tribunal concluded that those matters together amounted to a repudiatory breach of contract and that the claimant resigned in response to them, rather than simply to avoid dismissal. It therefore found that he had been constructively dismissed.

On unfair dismissal, the tribunal held that the respondent had not shown a potentially fair reason for dismissal. It added that, even if misconduct had been relied on, the defects in the disciplinary process would have rendered the dismissal unfair. Separately, the tribunal found that repeated refusals of parental leave and repeated challenges to the request caused the claimant stress and made him feel badgered, which amounted to a detriment for family reasons, although that conduct was not sufficiently serious to form part of the constructive dismissal breach.