Mr Aaron Sunter v Buildakit (UK) Ltd — 2022

Mr Aaron Sunter was employed by Buildakit (UK) Ltd from 1 May 2016 until he resigned with immediate effect on 31 October 2021. He brought claims for constructive unfair dismissal and unlawful deductions from wages. The tribunal found that the relevant issues were whether a series of events amounted to a fundamental breach of the implied term of trust and confidence, and whether there had been any contractual entitlement to two weeks' full pay during sickness absence after an operation on 24 September 2021.

On the earlier incidents relied on as part of the constructive dismissal case, the tribunal found that the April 2020 WhatsApp concerns and the resulting letter of 3 April 2020 did not amount to a breach of contract, and that there was reasonable and proper cause for the Respondent's response. The July 2020 sign dispute involved a heated exchange, and the tribunal accepted that Mr Richardson swore at the Claimant, but found this was an isolated incident in the heat of the moment, not conduct that destroyed or seriously damaged trust and confidence. The September 2021 accident at work did not found a breach either: the tribunal found the Respondent reasonably expected the Claimant to do light duties on return, and did not require anything beyond that.

On the pay issue, the tribunal preferred the contemporaneous record of the 6 August 2021 discussion and found there was no agreement to pay the Claimant two weeks at his contractual rate if he were off sick. The contract itself provided for Statutory Sick Pay, and the Claimant was paid SSP in accordance with those terms. Because there was no agreement and therefore no breach, the tribunal held there was no unlawful deduction from wages and no repudiatory breach capable of supporting constructive dismissal. The Claimant had resigned due to his belief that he should have been paid contractual sick pay, but the claims were both dismissed.