Case 2301833/2023 · Employment Tribunal

Mr Harris-Greyson v Serco Limited — 2022

Case reference: 2301833/2023
Decision date: 15 December 2022
Jurisdiction: England & Wales
Judge: Employment Judge Dyal Representation
Venue: London South

Indexed: 19 May 2026

Parties

2 named

Claimant

Mr Harris-Greyson

Respondent

Serco Limited

Key findings

Tribunal's reasoning

The tribunal found that the claimant resigned on 8 November 2022, giving notice to 7 December 2022, and that his employment ended on that date. A later disciplinary invitation and letter purporting to dismiss him on 15 December 2022 were found to have no legal effect because the contract had already ended.

The alleged breaches of the implied term of trust and confidence did not amount, individually or cumulatively, to a repudiatory breach. The tribunal accepted some factual matters, including comments about the claimant being paid more than supervisors, questions about stolen diesel, workplace rumours, and refusal of accompaniment at an investigation stage, but found either reasonable and proper cause or that the matters fell short of the required threshold.

The wrongful dismissal and notice pay claim failed because the claimant was not dismissed and had been paid to the end of his notice period. The right to be accompanied claim failed because the meeting in issue was an investigation meeting rather than a disciplinary hearing under the statutory definition. The tribunal found there appeared to have been non-compliant written particulars on transfer, but no s.38 Employment Act 2002 award was available because no relevant substantive claim succeeded.

Claims and outcomes

4 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Constructive dismissal	The judgment described this as constructive unfair dismissal. It was dismissed because the tribunal found the claimant was not dismissed: his employment ended by resignation and the respondent was not in repudiatory breach of contract.	Dismissed	—	—
Wrongful dismissal	The notice pay claim was added by amendment and treated as wrongful dismissal. The tribunal found the claimant was not dismissed and had been paid for the notice period he gave.	Dismissed	—	—
Other	Breach of the statutory right to be accompanied. The tribunal found the investigation meeting was not a disciplinary hearing within s.10 Employment Relations Act 1999, so the statutory right did not apply.	Dismissed	—	—
Other	Claim for a financial remedy under s.38 Employment Act 2002 for failure to provide written particulars. Although the tribunal found the written particulars appeared not to comply fully with s.1 ERA, no schedule 5 claim succeeded, so no s.38 award could be made.	Dismissed	—	—

Legal tests applied

18 references

Official outcome judgment PDF

Gov.uk primary record

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