Mr Jason Bartram v Crest Nicholson Operations Limited — 2021

Mr Jason Bartram was employed by Crest Nicholson Operations Ltd as a Senior Build Manager from 11 March 2019 until he was summarily dismissed without notice on 7 February 2020. His contract provided for three months' notice unless he was guilty of gross misconduct. The tribunal heard evidence about the events of 31 January 2020, when Mr Mullholland told the claimant he would be on site until 11am, but later it emerged that he had no intention of attending the site because he was going to a funeral.

The tribunal held that the claimant was entitled to rely on Mr Mullholland's assurance and that there was no error of judgment amounting to misconduct, let alone gross misconduct. It also rejected the employer's submission that the claimant was subject to a strict duty to ensure there was always someone on site. Although the tribunal accepted there had been a breach of the CDM Regulations, it found the claimant was not culpable for that breach and had not conducted himself in a way that caused it. The wrongful dismissal claim therefore succeeded because the respondent was not entitled to dismiss him without the contractual three months' notice.