Mr Makhan Sadra v Asda Stores Limited — 2021

The claimant resigned from his role as an HGV driver and alleged that his resignation should be treated as a dismissal because of pressure, unfair treatment and the respondent's handling of his grievance. He relied on five matters, including a comment by his manager in early June 2020, questioning about breaks, an overtime request, an alleged implied threat after a colleague's disciplinary meeting, and the grievance and appeal process.

The tribunal accepted that the manager made the comment that the claimant should not be driving a lorry and that he questioned the claimant about breaks. It found those matters cumulatively caused or triggered the resignation, but did not find that they amounted, individually or cumulatively, to a fundamental breach of contract. The tribunal found the June comment was isolated, the questioning about breaks took place in a managerial context, and the conduct was not objectively likely to destroy or seriously damage trust and confidence.

The tribunal found the overtime request was reasonable and in accordance with the claimant's contract, was not satisfied that the alleged implied threat by another manager had been made, and found that the grievance and appeal process did not cause the resignation because the claimant resigned before the grievance had been investigated and before any appeal. The tribunal therefore held that the claimant had not established that he was dismissed, and dismissed the unfair dismissal claim.