Ms Fredericka (Vann) Durham v The members of the Management Committee of the Retreat Animal Rescue, being Neil Richard Davies, Ian Henry Thompson, Dr Cara Robinson, Alexandra Elliott, Mandy Pierce, Lisa Yvonne Thompson, and Kathleen Vegan Marie Foster — 2021

The claimant brought constructive unfair dismissal, unlawful deduction from wages, breach of contract and disability discrimination claims. The judgment records that the disability discrimination claim had already been dismissed on 4 February 2020, and the claimant withdrew the deduction from wages claim at the start of the hearing, leaving constructive dismissal and breach of contract for determination.

On the dismissal claim, the tribunal rejected the allegation that the 10 August 2018 meeting was itself a repudiatory breach. It accepted that the meeting was emotional, but found Mr Thompson's conduct did not amount to a fundamental breach of the trust and confidence term. The tribunal did find that the 4 September 2018 texts sent by Mr Thompson to the claimant's daughter were an inappropriate and repudiatory breach of confidentiality and trust and confidence, and it also found that the social media posts relied on by the claimant either were not about her or were posted after her resignation.