Ms L Foure v Shurguard UK Ltd — 2019

The Claimant was employed from 18 January 2016, later became Store Manager, and resigned on 6 March 2018 with an effective termination date of 6 April 2018. The tribunal found that the holiday policy was reaffirmed on 11 December 2017, a Dayforce glitch affected four days of holiday, and HR agreed that those days would be paid or carried forward, which had been resolved by the hearing. It also found that there was no obligation on the Claimant to personally deal with vermin or to climb ladders to change lightbulbs, because those matters were covered by service contracts.

For the whistleblowing claim, the tribunal treated the 13 January 2018 hotline letter as the only relied-on protected disclosure after the Claimant withdrew the second grievance as a disclosure on day two. It found that no one in the UK knew of the hotline disclosure until the Claimant told Mr Taylor on 2 February 2018, and even then he only knew a complaint existed, not its contents. The tribunal rejected the suggestion that Ms Murrell's visit to the store on 15 January 2018 or Ms Davies' call on 30 January 2018 was prompted by the disclosure, and held that the detriment complaints outside the grievance process were out of time on the reasonably practicable test.

On constructive dismissal, the tribunal held that the Claimant resigned rather than being dismissed and that there was no breach of the implied term of trust and confidence. It found that the grievance outcome letter was a comprehensive response to the matters raised, that the criticism of the Claimant's communication style and the reference to "Mediterranean fire" were fair comment in context, and that the grievance procedure had been followed within a reasonable time frame. The tribunal also found that Mr Taylor was dealing only with the grievance sent on 2 February 2018, not the earlier hotline disclosure, and that Ms Murrell was an appropriate and impartial person to hear the appeal. The claims were dismissed.