Mr J Singh (Solicitor)(17 - 19 November 2021) In Person (15 December 2021) For the v Mr S Chowdhury (Solicitor) — 2022

Ms Wood worked as a delivery driver from 18 May 2009 until she resigned on 24 December 2018. Her case concerned the respondent's attendance management policy, a February 2018 final written warning, grievance processes about Mr Hooker's conduct, and a later dispute about accrued holiday pay. The tribunal accepted the evidence of the respondent's witnesses and found that the Bradford Factor policy applied to all sickness absences, including absences that were genuine and medically certified, subject only to limited discretion in specified cases.

The tribunal rejected the allegation that Mr Hooker had predetermined the outcome of the 5 February 2018 meeting. It found that the disciplinary and appeal stages were carried out under the respondent's policy, that the claimant's complaints about the meeting and the grievance responses did not amount to a fundamental breach of contract, and that the claimant had not resigned in response to those matters. Applying the constructive dismissal authorities cited in the judgment, the tribunal held that there had been no repudiatory breach and that, in any event, the claimant had affirmed the contract by continuing to pursue appeals and grievances and by still intending to return to work on 17 December 2018.

On the holiday pay issue, the tribunal preferred the respondent's evidence that the 17 December 2018 welfare meeting did not include a promise to pay accrued holiday by 20 December 2018. It found that at most the matter would be looked into, and it held that no breach had occurred before the claimant resigned on 24 December 2018. The tribunal therefore dismissed the unfair dismissal and wrongful dismissal claims, and the holiday pay claim was dismissed as withdrawn.