Ms Blake v Verlingue Limited — 2023

Ms Blake worked for Verlingue Limited from 5 October 2015 until she resigned on 29 January 2023. Her claim was advanced as constructive dismissal based on alleged breaches of the implied term of trust and confidence, including lack of support with workload, inadequate explanation at the 22 August 2022 meeting, the disciplinary process that followed, lack of support while off sick, and failure to support a return to work.

The tribunal found that the respondent did provide support with workload from February 2022 onwards, including informal meetings with Carol Boreham, some work being removed or sent to Manchester, later weekly meetings under a PIP, and an offer of AAT training. It rejected the allegation that Ms Blake had made repeated requests for support with work-related stress, and it found that the return-to-work complaint did not amount to a breach because Ms Dickinson intended to arrange a return-to-work or welfare process but did not have the opportunity before the claimant resigned.

The tribunal did find that the disciplinary process in August 2022 breached the implied term of trust and confidence. It found that the 22 August 2022 meeting was presented as an informal discussion about a PIP, no investigation meeting was held, the first notice of a disciplinary hearing came on 23 August 2022, and the claimant had less than two days to prepare for the 25 August 2022 hearing. The hearing resulted in a verbal warning and a PIP, but the claim still failed because Ms Blake remained employed for about five months after the disciplinary hearing, did not raise that complaint during that period, and only referred to it in her resignation letter. The tribunal therefore held that she was not constructively dismissed.